'^tfnjTK 


BUREAU  OF  THE  AMERICAN   REPUBLICS, 

WASHINGTON,  U,  S.  A. 
JOSEPH    F".    STvlITH,    Director. 


ALASKA. 


HANDBOOK  No.  84.  AUGUST,  1897. 

6  6  6  9      9 


OIlasB  3../.1..9.S ....    look  Sb^ic.I 


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BUREAU  OF  THE  AMERICAN   REPUBLICS, 

WASHINGTON,  U.  S.  A. 
JOSEPH     P.     SMITH,     Director. 


ALASKA.  ' 


HANDBOOK  No.  84.         AUGUST,  1897 


t:  Li 


NOTE. 


The  following  compilation  was  prepared  as  part  of  the  chapter 
on  the  United  States  for  the  Commercial  Directory  of  the  Ameri- 
So  can  Republics  to  be  issued  by  the  Bureau  of  the  American 
•*  Republics  during  the  current  year.  It  is  printed  separately  in 
oc  this  form  in  response  to  the  quickened  interest  in  Alaska  result- 
»  ing  from  the  recent  discoveries  of  gold  in  the  Klondike  region 
2:  and  the  great  demand  for  fresh  and  reliable  information  concern- 
^  ing  that  Territory. 


^hj^^^C^  Uoi-^^t-*-*-^^^^ 


'Director  of  the  Bureau  of  the  American  Republics. 
Washington,  D.  C,  August  lo,  iSgy. 


CONTENTS. 


Page. 

I.   Location,  area,  and  population 7-1 1 

II.   Indian  tribes  of  Alaska 12-14 

III.  Geography  and  topography 15-24 

IV.  Climate 25-29 

V.  Towns  and  trading  posts 30-34 

VI.   Forests  of  Alaska — Varieties  of  timber 35-37 

VII.   Agricultural  resources 3S-42 

VIII.  The  fur-seal  and  other  fisheries 43-74 

IX.   Mineral  resources — The  Klondike  gold  region 75-124 

X.   Commerce — Transportation  facilities — Proposed  railroad 125-12S 

XI.  Territorial  government 129-130 

Index 131-133 

Map  of  Alaska Frontispiece 

5 


ALAS  KA. 

I. 

Location,  Area,  and  Population. 

The  Territory  of  Alaska,  lying  in  the  extreme  northwestern 
corner  of  the  North  American  Continent,  on  the  Bering  Sea  and 
North  Pacific,  comprises  an  area  of  about  577,390  statute  square 
miles,  with  a  seacoast  of  26,000  miles,  or  nearly  two  and  one-half 
times  the  seacoast  of  the  balance  of  the  United  States.  The 
Territory  was  acquired  by  purchase  by  the  United  States  from 
Russia,  and  the  boundaries,  as  laid  down  in  the  treaty  of  cession 
of  March  30,  1867,  are:  Commencing  from  the  southernmost 
point  of  the  island  called  Prince  of  Wales  Island,  which  point 
lies  in  the  parallel  of  54  degrees  40  minutes  north  latitude,  and 
between  the  131st  and  the  133d  degree  of  west  longitude 
(meridian  of  Greenwich),  the  said  line  shall  ascend  to  the  north 
along  the  channel  called  Portland  Channel  as  far  as  the  point  of 
the  continent  where  it  strikes  the  56th  degree  of  north  latitude; 
from  this  last-mentioned  point,  the  line  of  demarcation  shall  fol- 
low the  summit  of  the  mountains  situated  parallel  to  the  coast 
as  far  as  the  point  of  intersection  of  the  141st  degree  of  west 
longitude  (of  the  same  meridian) ;  and  finally,  from  the  said  point 
of  intersection,  the  said  meridian  line  of  the  141st  degree,  in  its 
prolongation  as  far  as  the  Frozen  Ocean. 

7 


8  ALASKA. 

IV,  With  reference  to  the  Hne  of  demarcation  laid  down  in  the 
preceding  article,  it  is  understood — 

1st.  That  the  island  called  Prince  of  Wales  Island  shall 
belong  wholly  to  Russia  (now,  by  this  cession,  to  the  United 
States). 

2d.  That  whenever  the  summit  of  the  mountains  which  extend 
in  a  direction  parallel  to  the  coast  from  the  56th  degree  of  north 
latitude  to  the  point  of  intersection  of  the  141st  degree  of  west 
longitude  shall  prove  to  be  at  the  distance  of  more  than  ten 
marine  leagues  from  the  ocean,  the  limit  between  the  British 
possessions  and  the  line  of  coast  which  is  to  belong  to  Russia  as 
above  mentioned  (that  is  to  say,  the  limit  to  the  possessions  ceded 
by  this  convention)  shall  be  formed  by  a  line  parallel  to  the 
winding  of  the  coast,  and  which  shall  never  exceed  the  distance 
of  ten  marine  leagues  therefrom. 

The  western  limits,  within  which  the  territories  and  dominion 
conveyed  are  contained,  passes  through  a  point  in  Bering  Straits 
on  the  parallel  of  65  degrees  30  minutes  north  latitude,  at  its 
intersection  by  the  meridian  which  passes  midway  between  the 
islands  of  Krusenstern,  or  Ignalook,  and  the  island  of  Ratmanoff, 
or  Noonarbook,  and  proceeds  due  north,  without  limitation,  into 
the  same  Frozen  Ocean.  The  same  western  limit,  beginning  at 
the  same  initial  point,  proceeds  thence  in  a  course  nearly  south- 
west through  Bering's  Straits  and  Bering's  Sea,  so  as  to  pass  mid- 
way between  the  northwest  point  of  the  Island  of  St.  Lawrence 
and  the  southeast  point  of  Cape  Choukotski,  to  the  meridian  of 
172  west  longitude;  thence,  from  the  intersection  of  that  merid- 
ian, in  a  southwesterly  direction,  so  as  to  pass  midway  between 
the  island  of  Attou  and  the  Copper  Island  of  the  Kormandorski 
couplet  or  group  in  the  North  Pacific  Ocean,  to  the  meridian  ot 
193  degrees  west  longitude,  so  as  to  include  in  the  territory  con- 
veyed the  whole  of  the  Aleutian  islands  east  of  that  meridian. 

The  treaty  ceding  to  the  United  States  the  territory  of  Russian 


ALASKA. 


America,  as  it  was  then  called,  was  concluded  March  30,  1867. 
The  sum  of  $7,000,000  was  originally  agreed  upon;  but  when  it 
was  understood  that  there  was  a  fur  company  and  also  an  ice 
company  enjoying  monopolies  under  the  existing  government,  it 
was  thought  best  that  these  should  be  extinguished;  and  the 
United  States  added  $200,000  to  the  purchase  money,  in  consid- 
eration of  which  the  Russian  Government  formally  declared  the 
cession  of  the  territory  to  be  free  of  all  incumbrances. 

Although  there  is  no  record  of  official  correspondence  on  the 
matter,  the  eastern  boundary  line  appears  to  have  been  the  subject 
of  informal  consultation  between  the  United  States  and  Great 
Britain  soon  after  the  territory  was  annexed.  In  his  annual  mes- 
sage to  Congress,  December  2,  1872,  President  Grant  recom- 
mended the  appointment  of  a  joint  commission  to  determine  the 
line;  but  no  action  upon  the  matter  was  taken  by  Congress.  On 
May  17,  1886,  President  Cleveland  transmitted  to  Congress 
copies  of  correspondence  on  the  question  between  Secretary 
Bayard  and  Minister  Phelps,  and  recommended  the  appropriation 
of  $100,000  for  making  a  preliminary  survey  of  the  frontier  terri- 
tory. During  the  winter  of  1887-88,  informal  conferences  were 
held  in  Washington  between  Prof  W.  H.  Dall,  of  the  United 
States  Geological  Survey,  and  Dr.  George  M.  Dawson,  both 
authorities  on  the  Territory  of  Alaska,  but  the  conferences  led  to 
no  result.  On  August  20,  1895,  Lord  Gough  inquired  of  Secre- 
tary Olney  if  a  joint  surveyor  could  not  be  appointed  to  act  with 
Mr.  William  Ogilvie,  who  was  then  about  to  survey  the  intersec- 
tion of  the  one  hundred  and  forty-first  meridian  and  the  Yukon 
River.  The  Acting  Secretary  of  State  asked  if  the  proposed 
survey  could  not  be  delayed  until  Congress  had  had  an  opportunity 
to  consider  the  question.  This  suggestion  was  transmitted  to  the 
Canadian  government,  which  answered  that  the  season  was  so  fiir 
advanced  that  it  would  not  be  possible  to  communicate  with  Mr. 
Ogilvie  before  the  next  summer,  when  a  considerable  portion  of 


lO  ALASKA. 

the  one  hundred  and  forty-first  meridian  would  already  be  marked 
on  the  ground.  An  extract  from  a  letter  by  Secretary  Olney, 
dated  March  1 1,  1896,  was  as  follows: 

"So  far  as  the  recent  and  existing  surveys  on  either  side  have 
progressed,  they  exhibit  a  close  coincidence  of  results.  At  one 
point,  as  I  am  informed,  the  difference  between  Mr.  Ogilvie's  loca- 
tion and  that  made  by  the  United  States  Coast  and  Geodetic  Sur- 
vey is  only  about  6  feet  7  inches.  In  another  point  the  difference 
is  in  the  neighborhood  of  500  or  600  feet,  and  at  other  points  even 
closer  coincidence  than  this  latter  is  expected  when  the  compari- 
son of  calculations  shall  have  been  worked  out." 

Mr.  Olney  proposed  that  the  two  Governments  should  agree 
upon  certain  points  of  the  one  hundred  and  forty-first  meridian 
at  the  intersection  of  the  principal  streams,  locating  the  same  at 
points  midway  between  the  determinations  of  the  Coast  and  Geo- 
detic Survey  and  of  Mr.  Ogilvie,  and  providing  for  the  junction 
of  the  points  so  located  by  convenient  joint  surveys,  as  occasion 
should  require,  until  the  entire  line  should  be  established.  This 
would  supply  a  permanent  line  which  for  international  purposes 
would  be  coincident  with  the  one  hundred  and  forty-fifth  meridian, 
stipulated  under  existing  treaties,  and  would  require  no  further 
immediate  arrangement  than  the  dispatch  of  a  joint  surveying 
party  to  set  up  monuments  at  the  points  defined,  with  perhaps  the 
survey  of  a  traverse  line  connecting  the  monuments  on  the  Yukon 
and  Forty  Mile  Creek,  and  farther  south  if  necessary. 

The  Canadian  government  agreed  to  this  proposition,  and  the 
convention  is  now  pending  before  the  Senate  of  the  United 
States. 

POPULATION. 

No  definite  idea  of  the  population  was  obtained  until  the  cen- 
sus of  1890.  In  1868,  in  a  report  by  Maj.  Gen.  H.  W.  Halleck, 
the  number  given  was  82,400.     In  the  same  year  Rev.  Vincent 


ALASKA.  1  1 


Collyer,  in  his  report  to  the  Commissioner  of  Indian  Affairs, 
added  i  1,900  Thlinket  Indians  to  the  number  given  by  General 
Halleck,  making  94,300,  while  Ivan  Petroff,  Special  Agent  for  the 
Tenth  Census  (1880),  states  the  population  as  33,426.  The  cen- 
sus of  1890,  which  is  the  first  detailed  statement,  fixes  the  number 
at  32,052,  which  is  made  up  of  4,298  white,  23,531  Indians, 
2,288  Mongolians,  and  1,935  mixed  blood. 


II. 

Indian  Tribes  of  Alaska. 

For  some  years  after  the  cession  of  Alaska  to  the  United  States, 
there  was  trouble  among  the  Indian  tribes,  and  a  man-of-war 
was  stationed  in  Sitka  Harbor.  There  has  been  no  recent  dis- 
turbance. The  natives  of  Alaska,  according  to  Mr.  Petroff,  are 
divided  into  four  principal  families:  The  Eskimo  or  Innuit,  the 
Aleut  (Oonagan),  the  Thlinket,  and  the  Athabaskan  (or  Tinneh). 
There  are  numerous  subdivisions.  The  Eskimos  occupy  almost 
the  whole  coast  line  of  Alaska  west  of  the  one  hundred  and  forty- 
fifth  meridian.  The  Aleuts  inhabit  parts  of  Aliaska  Peninsula, 
the  Shumagin  Islands,  and  the  Aleutian  chain.  The  Athabaskans 
include  a  large  number  of  tribes  generally  classed  as  "North 
American  Indians,"  extending  from  the  mouth  of  the  Mackenzie 
River  in  the  north  to  the  borders  of  Mexico  in  the  south.  The 
northern  tribes  extend  west  nearly  to  Bering  Sea,  touching  the 
coast  only  in  the  northern  part  of  Cook  Inlet.  At  every  other 
point  they  are  separated  from  the  ocean  by  a  belt  of  Eskimo. 
The  Thlinket  inhabit  the  coast  and  islands  from  the  intersection 
of  the  one  hundred  and  forty-first  meridian  to  the  southern  bound- 
ary of  Alaska.  Detailed  descriptions  of  the  tribes  are  given  in 
PetrofF's  Population,  Industries,  and  Resources  of  Alaska;  by 
Dall,  in  "Alaska  and  its  Resources,"  and  by  Lieutenant  Schwatka 
(Military  Reconnoissance  in  Alaska). 

The  report  of  Governor  Knapp  for  1892  says:  The  Athabas- 
cans and  Eskimos  have  come  less  under  the  influences  of  contact 
with  white  people  than  the  other  tribes,  and  therefore  retain  more 


ALASKA.  1  ">j 


of  their  original  customs  and  peculiarities.  They  occupy  the  in- 
terior and  the  coast  of  the  Arctic  Ocean  and  Bering  Sea.  The 
Eskimos  are  a  comparatively  gentle  and  inoffensive  people,  living 
mostly  upon  fish,  walrus,  u^hale,  and  other  game  to  be  found  near 
the  shores  and  in  the  water,  though  they  also  make  long  excursions 
into  the  interior,  hunting  reindeer,  moose,  and  other  large  animals. 
The  interior  Indians  (Athabascans)  live  mostly  by  hunting  and 
fishing  in  the  rivers.  A  few  mission  stations  along  the  coast  and 
on  the  Yukon  River  have  had  a  little  influence  upon  a  very  small 
number  of  the  people.  The  mining  camps  on  the  upper  Yukon 
have  also  come  in  contact  with  the  natives  to  some  extent  in  the 
way  of  trade,  but  they  have  not  in  any  large  degree  acted  as  civ- 
ilizing agencies.  It  is  said  the  natives  of  the  upper  Yukon  region 
have  been  very  little  demoralized  by  the  use  of  intoxicating  liquor, 
perhaps  on  account  of  the  difficulty  of  packing  it  across  the  divide. 
Mr.  Chapman,  of  Anvik,  writes  that  "liquor  has  not  troubled  the 
natives  speaking  the  group  of  dialects  found  around  Anvik;  but 
almost  everywhere  else  in  the  Yukon  country  it  has  made  more  or 
less  trouble."  The  dialects  referred  to  arise  from  the  interrelations 
of  Eskimos  and  Athabascans  at  the  point  of  contact.  The  Eskimos 
and  interior  Indians  find  it  necessary  to  exercise  the  utmost  of  their 
energies  and  of  their  ingenuity  to  secure  a  bare  subsistence,  and 
their  ideas  have  not  risen  much  above  the  level  of  animal  existence. 
Physically,  they  are  strong  and  comparatively  healthy;  mentally, 
they  lack  vigor;  morally,  they  substitute  expediency  for  right. 
They  are  comparatively  honest,  because  it  is  the  best  policy  to  be 
so.  They  see  no  moral  quality  in  abstaining  from  the  use  of 
intoxicating  liquors,  tobacco,  or  other  hurtful  things,  or  in  restraints 
in  the  relations  of  the  sexes. 

Except  as  their  ideas  are  modified  by  relations  and  intercourse 
with  white  people,  they  have  no  religion,  unless  certain  indefinite 
superstitions  having  no  connection  with  any  idea  of  a  supreme 
spiritual  being  can  be  called  religion. 


H 


ALASKA. 


The  Aleuts  have  become  thoroughly  Russianized.  They  talk 
Russian,  belong  to  the  Russian  Orthodox  Church,  shade  off  into 
Russian  blood,  features,  and  complexion,  and  affect  Russian  ideas. 
They  are  rapidly  fading  away.  Their  physical  condition  is  far 
from  being  satisfactory,  and  their  moral  condition  is  worse.  They 
are  an  easy-going,  gentle,  and  kindly  disposed  people,  somewhat 
lacking  in  force  of  character.  They  secure  a  comfortable  living 
with  their  sea-otter  hunting  and  fishing,  and  have  little  forethought 
as  to  the  future. 

The  Thlingkets,  Tsimpseans,  and  Hydas  live  in  southeastern 
Alaska  and  are  very  similar  in  character  and  habits,  though  their 
languages  are  different.  Their  contact  with  white  people  has  very 
much  modified  them  in  many  respects,  and  many  of  them  now 
converse  freely  in  the  English  language,  while  a  few^  of  them  read 
and  write. 


III. 

Geography  and  Topography. 

Alaska  may  be  conveniently  divided,  says  Special  Agent  Ivan 
Petroff,  in  his  report  on  the  Population,  Industries,  and  Resources 
of  Alaska,  1884,  into  six  geographical  sections: 

1,  The  southeastern,  containing  29,980  square  miles,  and  com- 
prising the  coast  from  Mount  St.  Elias  in  the  north,  to  Portland 
Canal,  in  latitude  54°  40'  in  the  south,  together  with  the  islands  of 
the  Alexander  Archipelago  between  Cross  Sound  and  Cape  Fox. 
This  region  differs  from  the  bulk  of  Alaska,  resembling  British 
Columbia  and  the  adjoining  islands.  It  is  densely  wooded  and 
exceedingly  mountainous  in  its  formation,  the  coast  is  deeply 
indented  with  bays  and  fiords,  and  for  two-thirds  of  its  length  is 
sheltered  by  the  islands  of  the  archipelago.  Coal  has  been  dis- 
covered on  many  of  the  islands  and  on  the  mainland,  but  no 
practical  use  has  thus  far  been  made  of  the  discoveries.  Discov- 
eries of  gold-bearing  quartz  were  made  on  Baranof  Island,  but 
the  ledges  are  not  worked.  Gold  was  also  discovered  on  the 
peninsula  between  Taku  and  Chilkat  inlets  and  on  Douglas 
Island.  The  natives  are  chiefly  engaged  in  the  fur  trade  and 
fisheries.  There  are  numerous  glaciers,  and  the  mountains  range 
from  2,000  feet  in  height  to  18,100  (Mount  St.  Elias).  The  chief 
river  is  the  Stikine  (see  "River  system"). 

2.  The  Kadiak  division,  containing  14,610  square  miles,  com- 
prises the  south  coast  of  the  Aliaska  Peninsula  down  to  Zakharof 
Bay,  with  the  adjacent  islands,  the  Kadiak  group.  Cook  Inlet,  the 
Kenai   Peninsula,  and  Prince  William  Sound.     This  country  is 

15 


l6  ALASKA, 

also  very  mountainous.  Steep  ridges  and  peaks  rise  to  the  height 
ot  sometimes  12,000  teet,  intersected  by  glaciers.  Coal  has  been 
tound  on  the  peninsula  opposite  Kadiak  Island,  and  coal  and  gold 
on  Cook  Inlet.  The  principal  rivers  are  the  Shushitna  and  the 
Copper. 

3.  The  Aleutian  division  contains  14,610  square  miles,  and 
comprises  the  western  part  of  the  Aliaska  Peninsula  and  the  chain 
of  islands  from  the  Shumagin  group  in  the  east  to  Attu  in  the 
west,  including  the  Pribilof  Islands.  The  islands  appear  to  be  a 
continuation  of  the  main  Alaskan  range  of  mountain  groups. 
There  are  many  volcanic  peaks,  and  slight  shocks  of  earthquake 
are  common.  The  entire  division  is  treeless,  dwarfed  specimens 
of  creeping  willow  being  the  nearest  approach  to  timber  found. 
Grass  grows  in  abundance. 

4.  The  Kuskokwim  division  contains  1 14,975  square  miles,  and 
is  bounded  on  the  north  by  the  Yukon  division  and  on  the  east 
by  the  mountain  range  between  the  Kuskokwim  and  Tanana  rivers. 
The  head  waters  ot  this  river  have  not  been  explored,  but  the 
ground  on  the  shores  is  low  and  marshy.  The  interior  of  Alaska 
is  less  elevated,  and  contains  extensive  plains.  The  country  is 
poor  in  natural  products,  although  salmon  abounds  in  the  river. 

5.  The  Yukon  division  contains  176,715  square  miles,  and 
comprises  the  valley  of  the  Yukon  River,  as  far  as  it  lies  within 
our  boundaries,  with  its  tributaries.  The  division  is  bounded  by 
the  Arctic  division  on  the  north,  the  one  hundred  and  forty-fifth 
meridian  on  the  east,  and  Bering  Sea  on  the  west.  The  southern 
boundary  lies  along  a  line  indicating  the  water  shed  between  the 
Yukon  and  the  Kuskokwim,  Sushitna,  and  Copper  rivers.  This 
section,  as  well  as  the  Kuskokwim  division,  are  more  fully  described 
under  the  heading  "River  system." 

6.  The  Arctic  division  covers  125,245  square  miles,  and  com- 
prises that  portion  of  the  continent  between  the  one  hundred  and 
forty-fifth  meridian  on  the  east  and  Bering  Strait  on  the  west,  the 


ALASKA. 


17 


Yukon  district  on  the  south  and  the  Arctic  Ocean  on  the  north. 
This  division,  situated  ahiiost  entirely  above  the  Arctic  Circle,  is 
known  only  from  observations  made  on  the  seacoast.  The  vast 
interior,  consisting  probably  of  frozen  moors  and  low  ranges  of 
hills,  intersected  here  and  there  by  shallow  streams,  remains  almost 
entirely  unknown.  The  Meade,  Ikpikpung,  and  Colville  rivers 
empty  into  the  Arctic  Ocean,  and  the  Selawik  (flowing  through 
Selawik  Lake),  the  Noatak,  and  the  Kowak  empty  into  Kotze- 
bue  Sound.  The  natives  report  the  existence  of  settlements  on 
all  these  rivers  except  the  Colville,  whose  head  waters  no  white 
man  has  ever  visited.  The  coast  settlements  between  Cape 
Prince  of  Wales  and  Point  Barrow  are  visited  annually  by  many 
schooners  and  ships  engaged  in  whaling,  hunting,  and  trading,  and 
the  inhabitants  are  better  accustomed  to  white  men  than  the 
natives  of  any  other  regions  of  Alaska.  They  carry  on  an  exten- 
sive traffic  with  the  natives  of  the  Arctic  coasts  of  Alaska  and 
Asia.  Kotzebue  Sound  is  by  far  the  best  harbor  in  this  section 
of  the  Arctic  Ocean. 

RIVER  SYSTEM. 

One  of  the  characteristics  of  Alaska  is  the  network  of  rivers 
that  covers  its  surface,  and  that  serves  as  the  most  available  means 
of  transportation.  In  the  Sitkan  district,  says  Mr.  Petroff,  land 
travel  is  simply  impracticable.  Nobody  goes  on  a  road;  savages 
and  whites  all  travel  by  water.  In  the  more  northern  regions  "the 
country,  outside  of  the  mountains,  is  a  great  expanse  of  bog, 
lakes,  large  and  small,  with  thousands  of  channels  between  them." 
By  ascending  Lynn  Channel,  the  head  waters  of  the  Yukon  can  be 
reached  by  the  Chilkoot,  the  Chilkat,  or  the  White  passes;  the 
Copper  and  Tanana  rivers,  the  Copper  and  Sushitna,  the  Tanana 
and  White,  the  Sushitna  and  Kuskokwim  are  connected  by  trails. 
There  is  a  trail  of  6  miles  between  branches  of  the  Yukon  and  Kus- 
kokwim.^     In  the  Alaska  peninsula,  there  is  a  route  from  Bristol 

1  According  to  the  map  in  Nansen's  "  Farthest  North." 
No.  86 2 


l8  ALASKA. 

Bay  to  Shelikof  Strait,  via  \\  alker  Lake  and  the  Naknek  River. 
Speaking  of  this  region,  Mr.  Dall  (Alaska  and  its  Resources, 
1870,  p.  273)  says:  "The  country  between  and  at  the  bases  of 
the  high  mountains,  which  form  the  prolongation  of  the  Alaskan 
range  in  the  peninsula,  is  very  low  and  marshy.  In  many  places, 
large  lakes  are  found,  emptying  into  the  sea  by  rivers  on  either 
side,  and  it  is  said  that  in  some  places  a  passage  can  be  made  in 
canoes  from  one  shore  to  the  other,  hardly  lifting  the  canoe  out  of 
water  during  the  journey." 

The  Yukon  can  be  reached  from  Norton  Sound  via  the  Una- 
laklik  and  Autokakat  rivers  (or  via  the  Kaltag),  the  usual  route 
of  travelers  from  St.  Michaels.  The  Yukon  also  connects,  via 
the  Koyukuk,  with  Kotzebue  Sound.  The  statement  is  made  by 
natives  that  there  are  routes  of  travel  between  the  northern  tribu- 
taries of  the  Yukon  or  the  Noatak  and  the  rivers  that  empty 
direct  into  the  Arctic  Ocean. 

Beginning  on  the  south,  the  Stikine  is  the  first  river  of  large 
size,  although  it  lies  within  Alaskan  territory,  only  30  miles  in  an 
air  line  from  its  mouth.  It  empties  into  Dry  Strait,  near  Wran- 
gell  Island.  The  river  has  become  well  known  on  account  of  the 
gold  diggings  on  its  banks,  all  of  which  are  in  British  territory. 
It  is  over  250  miles  in  length,  and  is  navigable  only  by  boats, 
except  during  the  spring  freshets.  The  North  Fork  (about  40 
miles  long)  rises  on  the  east  side  of  the  Bald  Mountains,  near  the 
headwaters  of  the  Yukon.  A  small  stream  called  the  Taku  flows 
into  Glacier  Arm  of  St.  Stephens  Strait.  The  Chilkat,  a  much 
larger  river,  enters  the  northern  extremity  of  Lynn  Channel.  1  he 
general  direction  of  this  river  is  from  the  north.  The  Indians 
ascend  it  against  a  rapid  current  in  twenty  days,  when  they  make 
a  portage  by  several  lakes  to  the  Lewis  River,  a  tributary  of  the 
Yukon. 

The  mouth  of  the  Copper  River  lies  in  latitude  60°  17'  and 
longitude  145°  20'.     The  delta  is  30  miles  long  by  4  or  5  wide, 


ALASKA,  IQ 

and  the  principal  mouth  is  at  the  northwest.  This  river,  with  its 
tributary  the  Chittyna,  was  explored  in  1885  by  Lieutenant  Allen 
(Reconnoissance  in  Alaska,  Senate  Ex.  Doc.  125,  Forty-ninth 
Congress,  second  session).  He  followed  the  Copper  River  for 
some  389  miles,  and  says  that  it  drains,  approximately,  25,000 
square  miles.  By  way  of  the  Slana  River  and  Lake  Suslota,  the 
Tanana,  a  tributary  of  the  Yukon,  can  be  reached.  Lieutenant 
Allen  says  (pp.  69-7 1 )  : 

To  find  two  rivers  of  the  magnitude  of  the  Tanana  and  Copper  heading  so 
near  each  other  as  almost  to  have  intersecting  tributaries,  and  to  be  so  entirely 
different  in  their  characteristics,  1  consider  one  of  the  most  interesting  discov- 
eries of  the  expedition.  .  .  .  The  pass  over  the  Alaskan  range,  Lake  Suslota, 
is  probably  the  best  locality  that  will  permit  communication  between  the  Yukon 
Basin  and  the  Copper  River  country,  and  would  doubtless  be  used  should  the 
minerals  of  the  latter  region  prove  of  sufficient  importance.  The  possibility 
of  the  ascent  of  the  Copper  with  provisions  can  hardly  be  entertained,  unless 
it  be  made  with  sleds  during  the  winter. 

The  Sushitna  River  empties  into  Cook  Inlet.  This  river  is 
said  to  connect  both  with  the  Tanana  and  the  Kuskokwim  by 
trails.  \\  est  of  Augustin  Island  is  a  small  stream  by  which, 
through  the  mountain  gorges,  portage  is  made  to  Lake  Iliamna. 
This  lake,  says  Mr,  Dall,  is  supposed  to  be  rather  shallow,  and  is 
known  to  be  over  80  miles  long  and  about  24  broad— fully  half" 
as  large  as  Lake  Ontario.  At  Fort  Alexandra  is  the  mouth  of 
the  Nushagak,  said  to  be  150  miles  in  length,  and  to  connect  by 
means  of  lakes  and  rivers  with  the  Kuskokwim.  This  is  the 
second  largest  river  in  Alaska,  In  his  report  on  the  Territory, 
Mr.  Petroff  says: 

The  length  of  the  main  artery  of  this  division  is  not  known,  the  head  waters 
of  the  Kuskokwim  having  thus  far  been  untouched  by  the  explorer  or  trader.  ' 
We  have  the  statements  of  natives  to  the  effect  that  the  upper  Kuskokwim  River 
flows  sluggishly  through  a  vast  plateau  or  valley,  the  current  acquiring  its  impe- 
tus only  a  short  distance  above  the  village  of  Napaimute.  From  this  point 
down  to  the  trading  station  of  Kalmakovsky  and  to  the  southern  end  of  the 
portage  route  between  this  river  and  the  Yukon,  the  banks  are  high  and  gravelly 


20  ALASKA. 

and  chains  of  mountains  seem  to  run  parallel  with  its  course  on  either  side. 
This  section  of  the  Kuskokwim  Valley  is  but  thinly  populated,  though  appar- 
ently the  natural  advantages  are  far  greater  than  on  the  corresponding  section 
of  the  Yukon.  The  soil  is  of  better  quality  and  is  sufficiently  drained  to  permit 
of  a  more  luxuriant  growth  of  forest  trees,  shrubs,  and  herbs. 

Such  indications  of  minerals  as  have  been  found  here  are  the  most  promising 
of  those  in  any  portion  of  western  Alaska,  consisting  of  well-defined  veins  of 
cinnabar,  antimony,  and  silver-bearing  quartz. 

Game  and  fur-bearing  animals  do  not  abound  in  this  section  of  the  river  val- 
ley, as  it  is  an  old  hunting  ground,  and  has  been  drained  by  constant  traffic  for 
more  than  half  a  century.  The  principal  business  of  the  traders  at  Kalma- 
kovsky  is  derived  from  the  almost  unknown  head  waters  of  the  river,  where  the 
beaver,  marten,  and  fox  are  still  plentiful. 

The  people  of  the  lower  Kuskokwim,  adds  Mr.  PetrofF,  live  from 
the  abundant  supply  of  salmon.  Over  4,000  people  lay  in  the 
winter  supply  for  themselves  and  for  their  dogs  during  a  few 
months  of  summer.  The  fish  is  dried  in  a  wasteful  manner,  and 
with  better  methods  four  times  the  number  could  be  provided  for. 
This  section  of  the  country  teems  with  population.  The  estuary 
of  the  river  is  capacious,  and  the  tides  have  a  surprising  velocity 
and  an  enormous  rise  and  fall. 

THE    YUKON    REGION. 

The  following  descriptions  are  also  taken  from  Mr.  Petroffs 
report : 

The  people  of  the  United  States  will  not  be  quick  to  realize  that  the  volume 
of  water  in  an  x'\laskan  river  is  greater  than  that  discharged  by  the  mighty  Mis- 
sissippi; but  it  is  entirely  within  the  bounds  of  honest  statement  to  say  that 
the  Yukon  River,  the  vast  deltoid  mouth  of  which  opens  into  Norton  Sound  of 
Bering  Sea,  discharges  every  hour  one-third  more  water  than  the  "Father  of 
Waters."  There  is  room  for  some  very  important  measurements  in  this  con- 
nection, which  I  hope  will  soon  be  made.  Entering  the  mouth,  or  rather  any 
one  of  the  mouths,  of  this  large  river,  we  are  impressed  first  by  the  exceeding 
shallowness  of  the  sea  50  miles  out  from  it,  varying  in  depth  from  2  to  3  fathoms ; 
and,  second,  by  the  mournful,  desolate  appearance  of  the  country  itself,  which 
is  scarcely  above  the  level  of  the  tide,  and  which  is  covered  with  a  monotonous 


ALASKA.  2  1 

cloak  of  scrubby  willows  and  rank  grasses.  The  banks,  wherever  they  are 
lifted  above  the  reddish  current,  are  continually  undermined  and  washed  away 
by  the  flood,  and  so  sudden  and  precipitate  are  these  landslides  at  times  that 
traders  and  natives  have  barely  escaped  with  their  lives.  For  loo  miles  up, 
through  an  intricate  labyrinth  of  tides,  blind  and  misleading  channels,  sloughs, 
and  swamps,  we  pass  through  the  same  drearv,  desolate  region,  until  the  higher 
ground  is  first  reached  at  Kusilvak,  and  until  the  bluffs  at  Andreievsky  and  at 
Chatinakh  give  evidence  of  the  fact  that  all  the  land  in  Alaska  is  not  under 
water.  It  is  watered,  however,  here,  there,  and  everywhere,  and  impresses  one 
with  the  idea  of  a  vast  inland  sea,  which  impression  holds  good  even  as  far  up 
the  river  as  700  or  800  miles,  where  there  are  many  points,  even  far  in  the 
interior,  at  which  this  river  spans  a  breadth  of  20  miles  from  shore  to  shore. 
As  we  advance  toward  its  source  we  are  not  surprised,  when  we  view  the  character 
of  the  country  through  which  it  rolls,  at  the  vast  quantity  of  water  in  its  chan- 
nel. It  would  seem  as  though  the  land  itself,  drained  by  the  river  on  either 
side  within  Alaska,  were  a  sponge,  into  which  all  rain  and  moisture  fi-om  the 
heavens  and  melting  snow  are  absorbed,  never  finding  their  release  by  evapora- 
tion, but  conserved  to  drain,  by  myriads  and  myriads  of  rivulets,  the  great 
watery  highway  of  the  Yukon.  I  noticed  a  striking  evidence  of  the  peculiar 
nonconductive  properties  of  the  tundra  mosses,  or  swale,  last  summer  in  pass- 
ing through  many  of  the  thousand  and  one  lakes  and  lakelets  peculiar  to  that 
region,  where  the  ice  had  bound  up  the  moss  and  overhanging  water  growth  at 
the  edges  of  the  lakes.  In  the  breaking  up  and  thawing  out  of  summer  that  ice 
failed  to  melt,  and  the  renewed  growth  of  the  season  of  vegetation,  reaching 
out  in  turn  from  this  icy  border,  will  again  prevent  thawing,  and  so  on  until 
shallow  pools  and  flats  are  changed  into  fixed  masses  of  ice  hidden  from  view. 

The  Yukon  is  formed  by  the  junction  of  the  Lewis  and  Pelly 
rivers.  Mr.  Wilson,  in  his  "Guide  to  the  Yukon  Gold  Fields," 
published  at  Seattle,  1895,  gives  the  length  of  the  Yukon  as  2,044 
miles,  and  says  that  it  is  navigable  the  entire  distance  for  tlat- 
bottom  boats  with  a  capacity  of  from  400  to  500  tons. 

The  White  River,  a  portion  of  whose  waters  flows  through 
Alaskan  territory,  empties  into  the  Yukon  on  British  territory. 
Forty  Mile  Creek,  Birch  and  Beaver  creeks  join  the  river  between 
Fort  Yukon  and  Dawson,  a  British  town.  The  following  descrip- 
tion of  the  topography  of  the  Yukon  River  below  Fort  Yukon 
(966   miles   from   mouth)   is  quoted    by   Mr.    Petroff  from    the 


22  ALASKA. 

account  of    Capt.  C.  W.  Raymond,    United    States   Army  (see 
Alaska,  its  Population,  Industries,  and  Resources,  pp.  89-90): 

Fort  Yukon  is  situated  in  latitude  66°  33'  47"  and  longitude  145°  17'  47",  at 
a  point  where  the  Yukon  receives  the  waters  of  the  Rat  or  Porcupine  River,  a 
large  tributary  emptying  on  the  right  bank  and  flowing  from  its  headwaters  in 
a  general  direction  a  little  south  ot  west.  From  Fort  Yukon  to  the  mouth  of 
the  Chetaut  River,  a  distance  of  about  200  miles,  the  river  has  a  general  direc- 
tion about  west-southwest,  the  country  on  both  sides  of  the  stream  being  low 
and  level,  usually  consisting  of  sand  or  gravel.  The  average  width  of  that 
portion  of  the  river  is  about  three-quarters  of  a  mile,  but  in  some  places,  meas- 
ured across  its  numerous  islands,  it  widens  out  to  5  or  6  miles.  The  current 
through  all  its  passages  is  extremely  rapid,  and  in  many  places  the  deepest  chan- 
nel does  not  carry  more  than  3  feet  of  water.  Vegetation  on  the  banks  and 
islands  is  principally  small  willow  and  poplar,  with  occasional  groves  of  spruce 
and  birch. 

From  the  mouth  of  the  Chetaut  River,  however,  the  Yukon  rapidly  changes 
its  character;  the  islands  disappear,  the  banks  rise  into  hills,  and  the  stream 
gradually  narrows  into  one  channel,  deep  and  rapid,  until  it  finally  rushes  with 
great  velocity  through  the  Rampart  range  of  hills.  The  bluffs  composing  this 
range  rise  abruptly  from  the  water's  edge,  and  are  composed  principally  of  a 
hard,  greenish  rock,  though  slate  is  occasionally  observed,  and  at  the  principal 
rapids  a  ledge  of  granite  crosses  the  river.  Most  of  the  hills  are  covered  with 
groves  of  spruce  and  birch,  but  the  trees  are  all  small,  and  in  many  places  they 
lie  for  some  distance  scattered  in  every  direction,  showing  the  small  depth  to 
which  their  roots  descend  in  the  frozen  ground  and  the  great  force  of  the  pre- 
vailing winds.  From  the  Chetaut  River  to  the  Rampart  rapids,  a  distance  of 
some  60  miles,  the  Yukon  flows  in  a  direction  nearly  northwest,  and  averages 
about  two-thirds  of  a  mile  in  width,  which  decreases  at  the  rapids  to  about  150 
yards.  The  tributaries  emptying  into  this  section  are  also  chiefly  from  the 
north  and  small  in  volume.  The  first  native  village  met  after  descending  from 
Fort  Yukon  is  situated  just  below  the  rapids.  From  here  to  Nulato,  a  distance 
of  some  240  miles,  the  river  has  a  general  direction  about  west  by  south. 
There  are,  however,  many  bends,  although  they  are  less  sudden  and  numerous 
than  in  other  portions  of  the  river.  After  leaving  the  Rampart  range  the  river 
widens  again  and  diminishes  in  velocity.  The  right  bank  is  generally  hilly  and 
abrupt,  and  on  the  left,  though  the  shore  is  generally  low  or  flat,  the  hills  and 
bluffs  occasionally  approach  the  water's  edge.  The  average  width  of  the  chan- 
nel is  about  three-quarters  of  a  mile,  but  occasionally  groups  of  low  islands 
cause  a  widening  of  the  river.      About  50  miles  below  the  Nuklukaiet  station,  a 


ALASKA. 


23 


range  of  mountains  appears  on  the  right  bank.  This  is  a  succession  of  well- 
defined  peaks  and  ridges,  describing  a  beautiful  curve  of  many  miles,  with  its 
concavity  toward  the  river  and  its  flanks  resting  upon  the  water's  edge.  All 
this  bank  is  well  timbered  with  spruce,  poplar,  and  birch. 

The  principal  northern  tributaries  of  the  river  are  the  Koyakuk, 
the  Porcupine,  the  Melozikat,  and  the  Tozikakat.  The  Koyakuk 
was  ascended  by  Lieutenant  Allen  for  532  miles  from  its  mouth. 
He  says  that  at  that  point,  although  there  had  been  several  large 
tributaries,  the  volume  of  water  in  the  river  had  not  apparently 
diminished.  He  estimates  that  the  Koyakuk  drains  55,000 
square  miles. 

The  Tanana  empties  into  the  Yukon  on  the  south  "about  30 
miles  below  the  Ramparts  and  near  the  great  trading  ground 
called  Nuklukaiet,  where  the  Indians  are  accustomed  to  congregate 
in  the  spring  and  meet  the  white  traders."  From  the  place  where 
Lieutenant  Allen  reached  the  Tanana  on  his  trip  from  the  Cop- 
per River  to  the  junction  of  the  Tanana  with  the  Yukon  was  546 
miles.  The  river,  says  Lieutenant  Allen,  drains  45,000  square 
miles.  Owing  to  its  violent  rapids,  it  is  dangerous  to  navigation. 
Continuing  the  description  of  the  Yukon,  Mr.  Petroff  says: 

From  Nulato,  situated  some  i;o  miles  south  of  the  mission,  to  Andreafski 
the  distance  is  about  350  miles,  and  the  river  has  the  following  approximate 
directions:  From  Nulato  to  Anvik,  south-southwest;  from  Anvik  to  the  upper 
entrance  of  Shageluk  Slough,  south-southeast;  from  the  upper  entrance  of  the 
slough  to  the  great  bend,  southwest ;  from  the  great  bend  to  Andreafski,  west  by 
south.  It  is  difficult  to  convey  an  idea  of  this  portion  of  the  river,  as  its  numer- 
ous windings,  its  hundreds  of  islands,  its  bars  and  shoals,  ever  changing  and 
shifting,  baffle  the  traveler  in  his  search  for  a  navigable  channel.  Generally 
speaking,  the  right  bank  is  high,  exhibiting  many  bluffs  of  sand  and  rock  much 
eroded  by  the  ice  torrents  of  the  spring.  The  ice  sometimes  undermines  the 
high  banks  to  a  distance  of  20  or  30  feet,  and  the  trees  standing  on  the  project- 
ing tops  of  the  banks  are  loosened  by  the  action  of  frost  and  water  and  pre- 
cipitated into  the  stream  beneath,  and  thus  the  river  goes  on  widening  and 
shoaling,  and  floating  immense  quantities  of  driftwood  down  to  the  sea.  Some- 
times the  right  bank  rises  into  high  hills,  but  the  left  bank  is  generally  low  and 
level;   here  and   there,  however,  a  few  isolated  hills   are  seen   standing  back   a 


24  ALASKA. 

mile  or  two  from  the  water,  and  for  nearly  the  whole  distance  a  range  of  distant 
mountains  parallel  to  the  left  shore  is  visible.  In  these  mountains,  lie  the  upper 
branches  of  the  great  river  Kuskokwim. 

Sandstone  and  slate  continue  throughout  this  portion  of  the  Yukon  Val- 
ley. .  .  .  There  are  few  tributaries  of  importance  in  this  section  of  the  river, 
but  there  are  many  small  streams.  The  Takaiak  joins  the  river  some  50  miles 
below  Nulato,  and  the  Anvik  about  110  miles  lower  down.  The  latter  has 
steep  banks  and  swift  waters.  About  130  miles  below  Nulato  the  Yukon  sepa- 
rates into  two  branches,  the  main  stream  pursuing  a  southerly  course,  and  the 
lesser  branch,  running  at  first  a  little  south  of  east,  makes  finally  a  great  bend  to 
the  south  and  west  and  enters  the  main  river  again  about  60  miles  below  the 
point  of  separation.  This  lesser  branch  is  called  Chageluk  Slough,  and  into  it, 
a  few  miles  from  its  entrance,  empties  the  Chageluk  or  Innoko  River.  A  little 
below  Andreievsky  the  Yukon  bends  abruptly  to  the  north  and  runs  about  north- 
west to  the  sea.  The  three  principal  outlets  of  the  great  river  are  the  Aphoon 
or  upper,  the  Kwikpak  or  middle,  and  the  Kusilvak  or  lower  mouth.  The 
Aphoon  outlet  is  about  40  miles  in  length  and  has  an  average  width  of  perhaps 
one-third  of  a  mile. 

During  the  brief  summer,  adds  Mr.  PetrotF,  tlie  whole  popula- 
tion flocks  to  the  river,  attracted  by  the  myriads  of  salmon.  The 
banks  are  lined  with  summer  villages  and  camps  of  fishermen, 
who  build  their  basket  traps  far  out  into  the  eddies  and  bends  of 
the  stream  and  lay  up  their  store  of  dried  fish,  or  "yukala,"  for  the 
long  arctic  winter.  The  traveler  on  the  river  during  this  busy 
season  would  form  an  entirely  erroneous  idea  of  the  density  of  the 
population.  The  surrounding  country  is  drained.  Were  he  to 
make  a  brief  excursion  into  the  almost  impenetrable  forests  and 
over  the  hills  and  mountains,  he  would  quickly  perceive  that 
along  the  river  alone  exist  the  conditions  necessary  to  sustain  life 
throughout  the  year.  The  small  rivulets  of  the  interior  and  the 
vast  swampy  plains  covered  with  snow  for  seven  or  eight  months 
of  the  year  are  only  visited  by  the  trapper  and  hunter  when  the 
skins  of  the  marten,  mink,  and  muskrat  are  in  their  prime. 
Where  the  mountains  are  higher,  along  the  upper  courses  of  the 
Yukon  and  the  Tanana,  game  is  more  abundant  and  the  inhabitants 
are  less  dependent  upon  the  river  and  its  fish. 


IV. 

Climate. 

Mr.  Dall  (Alaska  and  Its  Resources,  p.  285)  says  that  the  mild 
climate  of  the  southern  portion  of  Alaska  is  due  to  the  Japanese 
current,  which  splits  on  the  eastern  end  of  the  Aleutian  chain,  the 
smaller  portion  passing  north  to  Bering  Strait  and  preventing  the 
flow  of  ice  southward,  and  the  other  portion  sweeping  south  of  the 
islands,  bringing  a  warm,  moist  atmosphere,  which  is  responsible 
for  the  remarkable  rainfall.  "  To  fully  appreciate,"  says  Mr.  Pet- 
roff,  "how  much  moisture  in  the  form  of  fog  and  rain  settles  upon 
the  land,  one  can  not  do  better  than  to  take  a  walk  through  one  of 
the  narrow  valleys  to  the  summit  of  a  lofty  peak.  He  will  step 
upon  what  appeared  from  a  distance  to  be  a  firm  greensward,  and 
will  sink  to  his  waist  in  a  shaking,  tremulous  bog." 

A  report  prepared  by  Chief  Willis  L.  Moore,  of  the  United 
States  Weather  Bureau,  on  the  climate  of  Alaska,  is  as  follows: 

The  general  conception  of  Alaskan  climate  is  largely  due  to  those  who  go 
down  to  the  sea  in  ships,  and  this  is  not  strange  when  we  consider  the  vast 
extent  of  shore  line — over  26,000  miles — possessed  by  that  Territory.  The 
climates  of  the  coast  and  the  interior  are  unlike  in  many  respects,  and  the  dif- 
ferences are  intensified  in  this,  as  perhaps  in  few  other  countries,  by  exceptional 
phvsical  conditions.  The  natural  contrast  between  land  and  sea  is  here  tre- 
mendously increased  by  the  current  of  warm  water  that  impinges  on  the  coast 
of  British  Columbia,  one  branch  flowing  northward  toward  Sitka  and  thence 
westward  to  the  Kadiak  and  Shumagin  Islands. 

The  fringe  of  islands  that  separates  the  mainland  from  the  Pacific  Ocean 
from  Dixon  Sound  northward,  and  also  a  strip  of  the  mainland  for  possibly 
20  miles  back  from  the  sea,  following  the  sweep  of  the  coast,  as  it  curves  to 
the  northwestward,  to  the  western   extremity   of  Alaska,  form  a  distinct  climate 

25 


26  ALASKA, 

division,  which  mav  be  termed  temperate  Alaska.  The  temperature  rarelv  falls 
to  zero;  winter  does  not  set  in  until  December  i,  and  by  the  last  of  May  the 
snow  has  disappeared  except  on  the  mountains.  The  mean  winter  temperature 
of  Sitka  is  32.5  degrees,  but  little  less  than  that  of  Washington,  D.  C.  While 
Sitka  is  fully  exposed  to  the  sea  influence,  places  farther  inland,  but  not  over 
the  coast  range  of  mountains,  as  Killisnoo  and  Juneau,  have  also  mild  tempera- 
tures throughout  the  winter  months.  The  temperature  changes  from  month  to 
month  in  temperate  Alaska  are  small,  not  exceeding  25  degrees  from  midwinter 
to  midsummer.  The  average  temperature  of  July,  the  warmest  month  of  sum- 
mer, rarely  reaches  55  degrees,  and  the  highest  temperature  of  a  single  day 
seldom  reaches  75  degrees. 

The  rainfall  of  temperate  Alaska  is  notorious  the  world  over,  not  only  as 
regards  the  quantity  that  falls,  but  also  as  to  the  manner  of  its  falling,  viz,  in  long 
and  incessant  rains  and  drizzles.  Cloud  and  fog  naturally  abound,  there  being 
on  an  average  but  sixty-six  clear  days  in  the  year. 

Alaska  is  a  land  of  striking  contrasts,  both  in  climate  as  well  as  topography. 
When  the  sun  shines  the  atmosphere  is  remarkably  clear ;  the  scenic  effects  are 
magnificent;  all  nature  seems  to  be  in  holiday  attire.  But  the  scene  may  change 
very  quickly;  the  sky  becomes  overcast;  the  winds  increase  in  force;  rain 
begins  to  fall;  the  evergreens  sigh  ominously,  and  utter  desolation  and  loneli- 
ness prevail. 

North  of  the  Aleutian  Islands  the  coast  climate  becomes  more  rigorous  in 
winter,  but  in  summer  the  difference  is  much  less  marked.  Thus,  at  St.  Michaels, 
a  short  distance  north  of  the  mouth  of  the  Yukon,  the  mean  summer  tempera- 
ture is  50  degrees,  but  4  degrees  cooler  than  Sitka.  The  mean  summer  tem- 
perature of  Point  Barrow,  the  most  northerly  point  in  the  United  States,  is 
36.8  degrees,  but  four-tenths  of  a  degree  less  than  the  temperature  of  the  air 
flowing  across  the  summit  of  Pikes  Peak,  Colo. 

The  rainfall  of  the  coast  region  north  of  the  Yukon  Delta  is  small,  diminishing 
to  less  than  ten  inches  within  the  arctic  circle. 

The  climate  of  the  interior,  including  in  that  designation  practically  all  of  the 
country  except  a  narrow  fringe  of  coastal  margin  and  the  territory  before 
referred  to  as  temperate  Alaska,  is  one  of  extreme  rigor  in  winter,  with  a  brief, 
but  relatively  hot,  summer,  especially  when  the  sky  is  free  from  clouds. 

In  the  Klondike  region  in  midwinter,  the  sun  rises  from  9.30  to  10  a.  m.,  and 
sets  from  2  to  3  p.  m.,  the  total  length  of  daylight  being  about  four  hours. 
Remembering  that  the  sun  rises  but  a  few  degrees  above  the  horizon,  and  that 
it  is  wholly  obscured  on  a  great  many  days,  the  character  of  the  winter  months 
may  easily  be  imagined. 

We  are  indebted  to  the  United  States  Coast  and  Geodetic  Survey  for  a  series 
of  six  months'  observations  on  the  Yukon,  not  far  from  the  site  of  the  present 


ALASKA.  27 

gold  discoveries.  The  observations  were  made  with  standard  instruments,  and 
are  wholly  reliable.  The  mean  temperature  of  the  months  October,  1889,  to 
April,  1890,  both  inclusive,  are  as  follows:  October,  33  degrees;  November,  8 
degrees;  December,  11  degrees  below  zero;  January,  17  degrees  below  zero; 
February,  15  degrees  below  zero;  March,  6  degrees  above  zero;  April,  20 
degrees  above.  The  daily  mean  temperature  fell  and  remained  below  the  freez- 
ing point  (32)  from  November  4,  1889,  to  April  21,  1890,  thus  giving  168  days 
as  the  length  of  the  closed  season  of  1889-90,  assuming  the  outdoor  operations 
are  controlled  by  temperature  only. 

The  lowest  temperatures  registered  during  the  winter  were:  32  degrees  below 
zero  in  November,  47  below  in  December,  59  below  in  January,  55  below  in 
February,  45  below  in  March,  26  below  in  April. 

The  greatest  continuous  cold  occurred  in  February,  1890,  when  the  dailv 
mean  for  five  consecutive  days  was  47  degrees  below  zero.  The  weather  mod- 
erated slightly  about  the  1st  of  March,  but  the  temperature  still  remained  below 
the  freezing  point.  Generally  cloudy  weather  prevailed,  there  being  but  three 
consecutive  days  in  any  month  with  clear  weather  during  the  whole  winter. 
Snow  fell  on  about  one-third  of  the  days  in  winter,  and  a  less  number  in  the 
early  spring  and  late  tall  months. 

Greater  cold  than  that  here  noted  has  been  experienced  in  the  United  States 
for  a  very  short  time,  but  never  has  it  continued  so  very  cold  for  so  long  a  time. 
In  the  interior  of  Alaska,  the  winter  sets  in  as  early  as  September,  when  snow- 
storms may  be  expected  in  the  mountains  and  passes.  Headway  during  one  of 
these  storms  is  impossible,  and  the  traveler  who  is  overtaken  by  one  of  them  is 
indeed  fortunate  if  he  escapes  with  his  life.  Snowstorms  of  great  severity  may 
occur  in  any  month  from  September  to  May,  inclusive. 

The  changes  of  temperature  from  winter  to  summer  are  rapid,  owing  to  the 
great  increase  in  the  length  of  the  day.  In  May  the  sun  rises  at  about  3  a.  m. 
and  sets  about  9  p.  m.  In  June  it  rises  about  1.30  in  the  morning  and  sets  at 
10.30,  giving  about  twenty  hours  of  daylight,  and  diffuse  twilight  the  remainder 
of  the  time. 

The  mean  summer  temperature  of  the  interior  doubtless  ranges  between  60 
and  70  degrees,  according  to  elevation,  being  highest  in  the  middle  and  lower 
Yukon  valleys. 

Speaking  of  the  temperature  of  St,  Michael's  and  vicinity, 
Mr.  Petroff  quotes  from  Mr.  E.  W.  Nelson's  report  (1880)  to 
the  Chief  Signal  Officer: 

During  the  past  four  years,  the  first  mush-ice  has  begun  to  form  in  the  bavs 
from  the  15th  to  the  18th  of   October,  and  the  bays  have   been  frozen  over  so 


28  ALASKA. 

as  to  bear  a  man  from  the  25th  to  the  28th  ot"  October,  with  the  exception  of 
the  vear  1878,  when  a  strong  wind  took  the  ice  out,  and  it  did  not  freeze  again 
until  the  10th  of  November.  Up  to  the  15th  of  October,  vessels  could  enter 
here  without  danger  of  meeting  ice.  In  the  spring,  much  more  uncertainty 
exists,  as  to  a  great  extent  the  date  of  open  water  depends  upon  what  the 
prevailing  winds  may  be.  Long-continued  north  winds,  following  a  severe 
winter,  as  in  1880,  may  keep  the  ice  barrier  in  until  the  20th  of  June,  and  it 
has  even  remained  until  nearly  the  1st  ot  July;  but  these  late  dates  are  excep- 
tional. As  a  rule,  the  ice  will  be  thoroughly  broken  up  and  a  strong  vessel 
mav  enter  Norton  Sound  through  the  ice  by  the  10th  of  June.  Between  the 
20th  of  June  and  the  1st  of  July  may  be  called  safe  dates  for  any  vessel  except 
in  an  unusual  season,  as  during  a  large  part  of  June  fine  weather  prevails. 

As  in  most  other  places  under  high  latitudes,  there  is  no  long  gradation  from 
season  to  season,  but  instead  we  have  two  well-marked  periods — a  long  winter 
of  about  seven  months,  extending  from  October  until  well  into  May,  and  five 
months  of  summer.  The  winter  is  by  far  the  best,  as  there  are  long  periods  of 
beautifully  clear  days,  which  are  welcomed  in  spite  of  the  usually  accompanying 
intense  cold.  The  summer  is  rendered  very  disagreeable  by  a  large  number  of 
cold,  misty  rains,  and  the  low  overhanging  stratum,  which  appears  to  shut 
down  all  about  like  a  leaden  covering. 

As  a  natural  result  of  these  climatic  conditions,  the  warm 
weather  brings  swarms  of  mosquitoes.  Mr.  Petroif  says  (speaking 
especially  of  the  Kuskokwim  region,  although  the  same  complaint 
is  made  by  travelers  in  other  sections): 

.  There  is  a  feature  in  this  country  which,  though  insignificant  on  paper,  is  to  the 
traveler  the  most  terrible  and  poignant  infliction  he  can  be  called  upon  to  bear  in  a 
new  land.  I  refer  to  the  clouds  of  bloodthirsty  mosquitoes,  accompanied  by  a 
vindictive  ally  in  the  shape  of  a  small  poisonous  black  fly,  under  the  stress  of 
whose  persecution  the  strongest  man  with  the  firmest  will  must  either  feel 
depressed  or  succumb  to  low  fever.  They  hold  their  carnival  of  human  tor- 
ment from  the  first  growing  of  spring  vegetation  in  May  until  it  is  withered  by 
frosts  late  in  September.  Breeding  here  as  they  do  in  the  vast  network  of  slough 
and  swamp,  they  are  able  to  rally  around  and  to  infest  the  wake  and  the  prog- 
ress of  the  explorer  beyond  all  adequate  description,  and  language  is  simply 
unable  to  portray  the  misery  and  annoyance  accompanying  their  presence.  It 
v/ill  naturally  be  asked.  How  do  the  natives  bear  this  ?  They,  too,  are  annoyed 
and  suffer,  but  it  should  be  borne  in  mind  that  their  bodies  are  annointed  with 
rancid   oil ;   and  certain    ammoniacal  vapors,  peculiar    to   their  garments  from 


ALASKA.  29 

constant  wear,  have  a  repellant  power  which  even  the  mosquitoes,  bloodthirsty 
and  cruel  as  they  are,  are  hardly  equal  to  meet.  When  traveling,  the  natives 
are,  however,  glad  enough  to  seize  upon  any  piece  of  mosquito  net,  no  matter 
how  small,  and  usually  they  have  to  wrap  cloths  or  skins  about  their  heads  and 
wear  mittens  in  midsummer.  The  traveler  who  exposes  his  bare  eyes  or  face 
here  loses  his  natural  appearance  ;  his  eyelids  swell  up  and  close,  and  his  face 
becomes  one  mass  of  lumps  and  fiery  pimples.  Mosquitoes  torture  the  Indian 
dogs  to  df^ath,  especially  if  one  of  these  animals,  by  mange  or  otherwise,  loses 
an  inconsiderable  portion  of  its  thick  hairy  covering,  and  even  drive  the  bear 
and  the  deer  into  the  water. 


Towns  and  Trading  Posts. 

The  capital  of  the  Territory  is  Sitka,  located  in  57°  N.,  135° 
17'  W.,  on  a  low  strip  of  land  on  the  west  of  Baranof  Island. 
Mount  Edgecumbe,  an  extinct  volcano  of  8,000  feet,  opposite  the 
town,  is  the  landmark  of  the  port.  There  is  an  industrial  school, 
and  the  population  was  1,190  in  1890.  Salmon  fishing  and  cur- 
ing is  the  chief  industry.  Steamers  ply  once  a  month  between 
Sitka  and  Portland,  Oreg.  The  harbor  is  small  but  commodious. 
Mean  temperature  (forty-three  years),  January,  31.4°;  August,  5'5.9°. 
Annual  rainfall  (thirty  years),  84.06  inches.  Senator  Charles 
Sumner  of  Massachusetts  called  attention  to  the  fact  that  the 
winter  of  Sitka  is  milder  than  that  of  many  European  capitals  — 
Berlin,  Copenhagen,  Berne,  Stuttgart,  Vienna,  or  Turin.  Mr. 
Dall  (p.  255)  says  that  the  shortest  distance  from  San  Francisco 
Harbor  to  Sitka  is  1,296  miles.  By  the  inner  passage,  between 
the  archipelago  and  the  coast  of  British  Columbia  and  Alaska,  the 
distance  is  1,647  miles;  large  sailing  vessels  have  to  go  outside. 
Juneau  (population  1,253,  census  of  1890)  is  located  near  the 
Lynn  Channel,  by  which  there  are  trails  to  the  Yukon.  Mr. 
Wilson  (Guide  to  the  Yukon  Gold  F'ieUls)  says  that  the  year  1895 
witnessed  a  great  improvement  in  the  town,  and  Juneau  is  to-day 
a  progressive  city  with  fine  buildings,  wharves,  electric  lights, 
waterworks,  hotels,  etc. 

Wrangell,  on  the  northern  part  of  the  island  of  the  same  name, 
is  about  10  miles  from  the  mouth  of  the  Stikine,  and  is  the  point 
of  departure  for  traders  and  miners  penetrating  into  the  interior  by 
30 


ALASKA.  31 

way  of  that  river.  The  regular  mail  steamer  trom  Portland  touches 
here  both  on  the  outward  and  return  trips.  There  are  316  inhabi- 
tants. 

Douglas  City,  on  Douglas  Island,  near  Juneau,  has  a  popula- 
tion of  402.  This  is  the  location  of  the  Treadwell  gold  mine, 
with,  it  is  said,  the  largest  quartz  mill  in  the  world.  Yakutat 
(population  308)  is  on  Yakutat  Bay.  Nuchek  is  situated  on 
Hinchinbrook  Island,  432  miles  by  sea  from  Sitka,  and  50  miles 
from  the  mouth  of  the  Copper  River.  It  was  formerly  an  impor- 
tant trading  post,  but  much  of  the  commerce  has  been  transferred. 

In  regard  to  the  Kenai  peninsula,  Mr.  Petrolf  says: 

Two  of  the  trading  stations  are  located  at  English  Bay  and  Seldovia.  Three 
more  stations,  consisting  each  of  two  rival  stores,  are  located  at  Kenai  (Redoute 
St.  Nicholas),  on  the  river  Kinik,  and  the  village  of  Toyonok,  or  West  Foreland. 

The  central  point  of  all  this  region  is  Kenai,  once  the  site  of  the  earliest 
permanent  settlement  on  the  inlet,  the  remnants  of  which  can  still  be  seen.  A 
Russian  missionary  is  located  here,  and  a  new  church  is  nearly  completed.  At 
the  time  of  the  transfer  of  the  Territory,  Kenai  was  still  a  fortified  place,  with  a 
high  stockade  and  octagonal  bastions  at  the  salient  points.  Both  stockade  and 
bastions,  with  their  primitive  armament  of  i^-pound  falconets,  have  disappeared 
since  then,  but  a  number  of  new  buildings  have  sprung  up,  and  a  thrifty  colony 
of  Creoles  has  taken  to  the  cultivation  of  potatoes  and  turnips  on  a  larger  scale 
than  had  ever  been  attempted  before.  Perhaps  lo  or  12  acres  are  planted  here 
now,  and  several  of  the  families  keep  cattle.  Some  of  the  choicest  salmon  of 
the  Territory  is  salted  here  and  is  barreled  and  shipped  to  San  Francisco. 
The  hunting  grounds  in  the  immediate  vicinity  do  not  yield  their  former  abun- 
dance of  valuable  furs,  but  the  presence  of  the  missionary  establishment  causes 
a  concentration  of  natives  from  all  parts  of  the  inlet  at  least  once  a  year  and 
brings  considerable  trade  to  this  old  station.  It  was  on  the  river  Kaknu,  or 
Kenai,  that  the  Russian  mining  engineer  Doroshin  reported  the  existence  of  sur- 
face gold  in  paying  quantities.  After  laboring  with  a  numerous  party  in  the 
mountains  for  two  seasons,  at  great  expense  to  the  Russian-American  Company, 
he  returned  with  a  few  ounces  of  the  precious  metal,  but  he  could  present  no 
inducement  to  the  corporation  to  proceed  any  further  in  this  enterprise.  Since 
that  time  American  prospectors  have  passed  years  in  this  region  following  up 
the  Russian's  tracks,  but  not  one  of  them  has  thus  far  found  gold  enough  to 
warrant  him  to  work  the   find.      In   former  years   Kenai  was  also  the  site  ot  a 


32  ALASKA. 

large  brickyard,  the  only  establishment  of  the  kind  in  the  colony,  from  which  all 
stations  and  settlements  were  supplied  with  the  material  for  the  old-fashioned 
Russian  ovens  or  heaters. 

About  30  miles  down  the  coast  from  Kenai,  there  is  another  settlement  deserv- 
ing at  least  a  passing  notice.  A  number  of  "colonial  citizens,"  or  superan- 
nuated employees  of  the  old  Russian  company,  were  ordered  to  settle  some  fifty 
or  sixty  years  ago  at  Ninilchik,  and  their  descendants  live  there  still.  Each 
family  has  quite  a  large  garden  patch  of  turnips  and  potatoes,  yielding  enough  to 
allow  the  owners  to  dispose  of  a  large  surplus  to  traders  and  fishermen.  They 
have  quite  a  herd  of  cattle,  and  the  women  actually  make  butter;  but  they  are 
not  sufficiently  advanced  in  farming  lore  to  construct  or  use  a  churn,  and  the 
butter  is  made  in  a  very  laborious  manner  by  shaking  the  cream  in  bottles. 
They  also  raise  pigs  and  keep  poultry,  but  on  account  of  the  hogs  running  on 
the  seashore,  digging  clams  and  feeding  upon  kelp,  and  the  chickens  scratching 
among  fish  bones  and  other  offal,  both  their  poultry  and  their  pork  are  fishy  to 
such  an  extent  as  to  be  made  unpalatable. 

In  the  vicinity  of  Anchor  Point,  on  Kuchekmak  Gulf,  and  on  Graham's  or 
English  Harbor,  extensive  coal  veins  appear  along  the  bluffs  and  come  to  the 
surface.  The  Russian-American  Company,  jointly  with  a  San  Francisco  firm, 
worked  here  for  years  to  develop  the  mines  and  obtain  a  product  good  enough 
for  the  use  of  steamers  and  engines,  but  after  sinking  a  large  capital  the  enter- 
prise was  abandoned  before  the  transfer  of  the  Territory  took  place.  A  few 
remnants  of  the  extensive  buildings  erected  in  connection  with  these  mining 
operations  still  remain  on  the  north  shore  of  English  Bay. 

St.  Paul,  on  the  northern  part  of  Kadiak  Island,  does  a  large 
fur  trade.  There  are  a  number  of  salmon  canneries  on  the  is- 
land, employing  in  1890,  according  to  Longman's  Gazetteer  (p. 
764),  1,100  hands,  Karluk  (population,  1,123)  is  said  to  have 
the  largest  cannery  in  the  world.  Kadiak  (495),  Alitak  (420), 
and  Afognak  (409)  are  other  villages  on  the  island. 

On  the  Aleutian  Islands,  there  are  many  settlements.  The  one 
on  Ounga  Island  has  a  population  of  about  200,  according  to  Mr. 
Petroff.  Belkowsky,  on  the  southern  end  of  the  Aliaska  Penin- 
sula, has  300  inhabitants.  Near  Protassof  (100  inhabitants)  there 
are  warm  sulphur  springs  and  ponds.  Iliuliuk,  on  Unalaska 
Island,  is  a  point  of  considerable  commercial  importance,  having 
a  church,  custom-house,  trading  establishments,  wharves,  etc.     Ni- 


ALASKA. 


33 


kolsky,  on  the  south  of  Unimak  Island,  has  127  inhabitants;  it 
was  formerly  much  larger.  Nazan,  on  Atkha  Island,  has  a  popu- 
lation of  230,  described  by  Mr.  Petroff  as  thrifty  and  prosperous. 
St.  Paul,  on  the  Pribilof  Islands,  had  in  1882  a  population  o^' 
298.  The  Amukhta  (172°  longitude)  and  the  Unimak  (160° 
longitude)  are  the  two  safe  passes  between  the  islands. 

St.  Michaels,  on  Norton  Sound,  is  one  of  the  most  important 
localities  on  the  coast.  It  is  a  trading  post,  says  Mr.  Petroff,  where 
rival  firms  have  established  their  depots  for  the  Yukon  River  and 
Arctic  trade.  The  station  keepers  come  down  from  the  interior 
to  the  coast  at  the  end  of  June  or  1st  of  July,  and  each  receives 
his  allotment  of  goods  to  take  back  with  him  in  sailboats  and 
bidars  during  the  few  months  when  navigation  on  the  river  is  not 
impeded  by  ice.  The  vessels  supplying  this  depot  can  seldom 
approach  the  post  before  the  end  of  June,  on  account  of  large 
bodies  of  drifting  ice  that  beset  the  waters  of  Norton  Sound  and 
the  straits  between  St.  Lawrence  Island  and  the  Yukon  delta. 
St.  Michaels  is  the  usual  landing  place  for  the  Yukon  Valley. 
Travelers  follow  a  trail  across  the  country,  and  reach  Yukon  some 
392  miles  from  its  mouth.  Lieutenant  Allen  says  that  the  distance 
from  St.  Michaels  to  the  mouth  of  the  Unalaklik  River  is  55 
miles  by  coast.  He  ascended  the  river  14  miles  to  a  village  called 
Ulukuk,  and  followed  the  trail  some  32  miles  to  the  Autokakat 
River.  A  descent  of  this  stream  for  3  miles  brought  him  to 
the  Yukon. 

Port  Clarence,  on  the  bay  of  the  same  name,  is  the  place  where 
whalers  wait  for  their  tenders  before  proceeding  through  the  straits. 
The  harbor  is  excellent.  There  is  a  reindeer  farm  here,  and  the 
population  numbers  485.  Point  Hope  (population  301),  Cape 
Lisburne,  Icy  Cape,  and  Point  Barrow  are  the  most  important 
points  on  the  northern  coast. 

Nulato  and  Nuklakayet  are  trading  posts  on  the  Yukon  River, 
the  former  being  467  miles  from  the  sea,  according  to  Lieutenant 
ifo.  86 3 


34 


ALASKA. 


Allen,  and  Nuklakayet  201  miles  farther.  Fort  Yukon  (about 
300  miles  distant  from  Nuklakayet)  was  formerly  a  trading  post. 
Lieutenant  Schwatka  says  it  was  abandoned  about  1880  as  not 
rem-unerative,  and  Fort  Reliance  and  Belle  Isle  were  established. 
Both  of  these  have  since  been  abandoned.  At  Fort  Yukon,  the 
river  is  said  to  be  7  miles  wide. 

Circle  City,  between  Fort  Yukon  and  Belle  Isle,  had  a  popu- 
lation in  1896  of  1,150.  (Report  on  Introduction  of  Domestic 
Reindeer  into  Alaska,  by  Sheldon  Jackson,  D.  D.,  Senate  Doc. 
No.  49,  Fifty-fourth  Congress,  second  session.)  Missions  have 
been  established  and  hospitals  proposed.  There  are  some  40 
white  women  in  the  district. 


VI. 

Forests  of  Alaska — Varieties  of  Timber. 

Speaking  of  the  resources  of  Alaska,  Mr.  Petroffsays: 

The  timber  of  Alaska  extends  over  a  much  larger  area  than  a  great  many 
surmise.  It  clothes  the  steep  hills  and  mountain  sides,  and  chokes  up  the 
valleys  of  the  Alexander  archipelago  and  the  contiguous  mainland;  it  stretches, 
less  dense  but  still  abundant,  along  that  inhospitable  reach  of  territory  which 
extends  from  the  head  of  Cross  Sound  to  the  Kenai  Peninsula,  where,  reaching 
down  to  the  westward  and  southwestward  as  far  as  the  eastern  half  of  Kadiak 
Island,  and  thence  across  Shelikof  Strait,  it  is  found  on  the  mainland  and  on 
the  peninsula  bordering  on  the  same  latitude ;  but  it  is  confined  to  the  interior 
opposite  Kadiak,  not  coming  down  to  the  coast  as  far  eastward  as  Cape  Douglas. 
Here,  however,  it  impinges  on  the  coast  or  Cook  Inlet,  reaching  down  to  the 
shores  and  extending  around  to  the  Kenai  Peninsula.  From  the  interior  of 
the  peninsula,  above  referred  to,  the  timber  line  over  the  whole  ot  the  interior 
of  the  great  area  of  Alaska  will  be  found  to  follow  the  coast  line,  at  varying 
distances  of  from  loo  to  150  miles  from  the  seaboard,  until  that  section  of 
Alaska  north  of  the  Yukon  mouth  is  reached,  where  a  portion  of  the  coast 
of  Norton  Sound  is  directly  bordered  by  timber  as  far  north  as  Cape  Denbigh. 
From  this  point  to  the  eastward  and  northeastward,  a  line  may  be  drawn  just 
above  the  Yukon  and  its  immediate  tributaries  as  the  northern  limit  of  timber 
of  any  considerable  extent. 

The  trees,  adds  Mr.  PetrofF,  are  mostly  evergreen,  the  spruce 
family  preponderating  to  an  overwhelming  extent.  Boards  ot  the 
spruce  are  not  adapted  for  nice  finishing  work  in  building,  or  in 
cabinet  ware,  or,  indeed,  in  anything  that  requires  a  finish;  for 
under  the  influence  of  slight  degrees  of  heat,  it  sweats,  exuding 
minute  globules  of  gum  or  resin,  sticky  and  difficult  to  remove. 
The  white  birch  is  found  throughout  the  region  that  supports  the 
spruce — scattered  or  in  small  bodies — chiefly  along  the  water 
courses.  The  alder  and  willow  are  found  on  all  the  low  lands, 
reaching  far  beyond  the  northern  and  western  limit  of  the  spruce. 

35 


^6  ALASKA. 

A  poplar,  resembling  our  cottonwood,  attaining  great  size  under 
favorable  circumstances,  is  also  found  in  nearly  all  the  timbered 
sections  of  Alaska  south  of  the  Arctic  Circle.  To  the  westward 
of  the  one  hundred  and  forty-first  meridian,  no  timber  grows  at  an 
altitude  higher  than  1,000  feet  above  the  sea  level.  A  slightly 
curved  line,  beginning  at  the  intersection  of  the  coast  hills  of  the 
east  shore  of  Norton  Sound  with  the  Unalaklik  River,  pass- 
ing across  the  Yukon  and  Kuskokwim  rivers,  the  mouth  of  the 
Nushagak,  across  the  Alaska  Peninsula,  and  impinging  upon  the 
North  Pacific  in  the  vicinity  of  Orlova  Bay,  on  Kadiak  Island, 
vvill  serve  as  the  western  limit  of  spruce  forest  in  Alaska. 

With  reference  to  quality,  continues  Mr.  Petroff,  the  trees  may 
be  divided  as  follows: 

1.  Yellow  Cedar  [Ciipressus  nutkanensis). — This  is  one  of  the  most  valua- 
ble woods  on  the  Pacific  Coast,  combining  a  fine,  close  texture,  with  great 
hardness,  durability,  and  a  peculiar  but  pleasant  odor.  The  Russians  named  it 
"dushnik"  (scented  wood)  on  account  of  the  last-named  quality.  In  the 
immediate  vicinity  of  Sitka,  on  Baranof  and  adjoining  islands,  this  tree  was 
nearly  exterminated  by  the  Russians,  but  on  the  Kehk  Archipelago  (Koo 
Island),  and  on  Prince  of  Wales  Island  and  a  few  others  of  the  Alexander 
Archipelago,  near  the  British  Columbian  frontier,  considerable  bodies  of  it  can 
still  be  found,  and  beyond  the  line,  in  the  Nass  and  Skeena  River  valleys,  it  is 
also  abundant. 

2.  Sitka  spruce  [Abies  sitkensis). — This  is  the  universal  forest  tree  of  Alaska, 
and  is  found  of  gigantic  size  on  the  islands  of  the  Alexander  Archipelago  and  on 
the  shores  of  Prince  William  Sound.  Its  medium  growth  it  appears  to  attain 
in  the  valleys  of  the  Yukon  and  the  Kuskokwim,  while  on  the  east  side  of  Cook 
Inlet  and  on  the  more  northern  uplands,  it  is  quite  stunted  and  dwarfed.  The 
Sitka  spruce  is  most  closely  connected  with  the  various  requirements  of  all 
Alaskan  natives  in  their  domestic  economy,  as  its  timber  is  used  in  the  construc- 
tion of  nearly  every  dwelling  throughout  the  country,  and  even  those  tribes  which 
inhabit  barren  coasts  far  removed  from  the  limits  of  coniferous  trees  are  sup- 
plied with  it  through  means  of  freshets  and  ocean  currents.  The  sappy  outer 
portion  of  the  wood  furnishes  splinters  and  torches  that  light  up  during  the  long 
months  of  winter  the  dark  dwellings  of  interior  tribes  of  Tinneh  stock,  who 
know  not  the  oil  lamp  of  their  Innuit  neighbors.  The  same  material  is  also 
used  for  sledge  runners  on  loose  but  crisp-frozen  snow,  over  which  iron  or  steel 
would  drag  with  difficulty,  as  over  deep,  coarse  sand.      The  Thlinket  and  the 


ALASKA. 


37 


Hyda  fashion  their  buoyant  and  graceful  canoes,  both  large  and  small,  from 
spruce  logs,  and  split  from  them  also  the  huge  planks  used  in  the  construction  of 
their  houses.  The  lumber  manufactured  from  the  Sitka  spruce  is  much  less 
durable  than  the  yellow  cedar,  very  knotty,  and  consequently  not  adapted  for 
shipbuilding. 

3.  Hemlock  {^Abies  mertensiana). — Though  this  tree  generally  exceeds  the 
spruce  in  size,  it  is  of  rare  occurrence,  much  less  valuable  as  timber,  but  well 
adapted  for  fuel. 

Balsam  fir  [Abies  canadensis). — This  tree  is  found  only  in  small,  scattered 
bodies,  and  is  of  little  value  as  timber,  but  the  natives  use  its  bark  for  tanning 
and  for  other  purposes. 

5.  Scrub  pine  (Pinus  contorta). — The  scrub  pine  is  found  throughout  the 
interior  of  Alaska  in  small,  scattered  bodies  up  to  the  highest  latitudes,  but  it  is 
of  no  value  as  timber. 

Thus  it  will  be  seen  that  the  forests  of  Alaska  are  altogether  coniferous,  as  the 
small  bodies  of  birch  and  the  alder  and  willow  thickets  on  the  lower  Yukon  and 
Kuskokwim  rivers  can  scarcely  be  considered  to  come  under  this  head.  Aside 
from  the  yellow  cedar,  which  is  rare,  the  timber  wealth  of  Alaska  consists  of  the 
Sitka  spruce,  which  is  not  only  abundant  and  large  (trees  of  from  3  to  4  feet  in 
diameter  being  quite  common  in  southeastern  Alaska  and  Prince  William  Sound), 
but  also  generally  accessible. 

To  give  even  an  approximate  estimate  of  the  area  of  timbered  lands  in  Alaska 
is  at  present  impossible,  in  view  of  our  incomplete  knowledge  of  the  extent  of 
mountain  ranges,  which,  though  falling  within  the  timber  limits,  must  be  deducted 
from  the  superficial  area  of  forest  covering. 

A  few  small  sawmills  of  exceedingly  limited  capacity  have  been  erected  at 
various  points  in  southeastern  Alaska,  to  supply  the  local  demand  of  trading 
posts  and  mining  camps,  but  finished  building  lumber  is  still  largely  imported  even 
into  this  heavily  timbered  region.  In  all  western  Alaska,  but  one  small  sawmill 
is  known  to  exist,  which  is  on  Wood  Island,  St.  Paul  Harbor,  Kadiak.  This 
mill  was  first  set  up  to  supply  sawdust  for  packing  ice,  but  since  the  collapse  oi 
that  industry,  its  operations  have  been  spasmodic  and  not  worth  mentioning. 
Lumber  from  Puget  Sound  and  British  Columbian  mills  is  shipped  to  nearlv 
all  ports  in  western  Alaska  for  the  use  of  whites  and  halt-breeds,  while  the 
natives  in  their  more  remote  settlements  obtain  planks  and  boards  by  the  very 
laborious  process  of  splitting  logs  with  iron  or  ivory  wedges.  On  the  treeless 
isles  of  the  Shumagin  and  Aleutian  groups,  as  well  as  in  the  southern  settlements 
of  the  Alaska  peninsula,  even  firewood  is  imported  from  more  favored  sections 
of  the  Territory  and  commands  high  prices. 

The  driftwood  washed  upon  the  shores  of  Bering  Sea  and  the  Arctic  is  of 
very  little  value  as  building  material  and  can  not  be  worked  into  lumber. 


i 


VII. 

Agricultural  Resources. 

In  regard  to  the  agricultural  resources  of  Alaska,  Mr.  Petroflf 
says  that  it  has  been  settled  by  patient  experiments  that  cereal 
crops  can  not  be  grown.  Nor  can  the  fruit  trees  and  small  fruits 
of  the  United  States  be  cultivated  with  success,  unless  it  be  the 
strawberry  and  the  cranberry.      He  continues: 

Taking  up  the  subject  of  the  vegetable  garden,  it  is  found  that  there  are 
localities  in  Alaska  where  for  the  last  eighty  years,  or  even  more,  up  to  the 
present  date  good  potatoes  have  been  raised,  though  I  should  say,  perhaps,  that 
the  raising  of  these  tubers  is  not  a  certain  success  year  after  year,  except  at  one 
or  two  points  within  the  Alexander  Archipelago,  namely,  at  the  mouth  of  the 
Stakhin  River,  at  Fort  Wrangel,  and  on  Prince  of  Wales  Island.  The  potato 
grounds  of  Alaska,  however,  can  with  due  care  and  diligence  be  made  to  furnish 
in  the  Alexander  Archipelago,  in  Cook  Inlet,  at  Kadiak  Island  and  islets  con- 
tiguous, and  at  Bristol  Bay  a  positive  source  of  food  supply  to  the  inhabitants. 
It  is  not  generally  known  that  on  Afognak  Island  there  are  nearly  lOO  acres  of 
land,  dug  up  in  patches  here  and  there,  which  are  planted  by  the  inhabitants  and 
from  which  they  gather  an  annual  harvest  of  potatoes  and  turnips;  but  there 
are  no  fields  spread  out,  squared  up,  and  plowed  anywhere  in  Alaska.  The 
little  openings  in  the  forest  or  the  cleared  sides  of  a  gently  sloping  declivity  in 
sheltered  situations  are  taken  up  by  the  people,  who  turn  out  with  rude  spades, 
of  their  own  manufacture  principally,  for  the  purpose  of  subjugating  and  over- 
turning the  sod.  Many  of  the  gardens,  noticeably  those  at  the  Kadiak  village, 
are  close  by  the  settlement,  while  others  are  at  some  distance. 

The  potato  crop  at  Kadiak  in  1880  was  a  total  failure,  and  this  happens  at 
intervals  of  from  four  to  six  years.  The  winter  preceding  the  planting  in  1880 
was  an  unusually  cold  and  protracted  one,  and  the  season,  short  at  the  best, 
was  cut  off  by  unwonted  early  frosts  during  September  and  the  latter  part  of 
August.  The  usual  growing  season,  however,  opens  early  in  June,  from  the  1st 
38 


ALASKA. 


39 


to  the  loth,  and  the  potatoes  are  planted  in  May,  coming  up  and  growing 
freely  until  October,  when  they  are  harvested.  This  growth  of  potatoes,  fairly 
established  and  well  derined,  presents  the  only  firm  and  tangible  evidence  of 
agricultural  capacity  within  the  limits  of  Alaska.  The  turnip  grows  and  flour- 
ishes wherever  the  potato  succeeds. 

Mr.  Petroff  says,  in  conclusion,  that  although  Alaska  will  not 
support  any  considerable  number  of  people  as  agriculturists,  it  is 
apparent  that  the  existence  of  those  who  live  in  the  Territory  can 
be  improved  by  better  attention  to  the  development  of  the 
resources  latent  in  the  soil  in  certain  localities.  The  people  are 
disinclined  to  labor  in  this  direction,  preferring  the  profits  of  hunt- 
ing. It  will  be  found  that  points  located  by  the  Russians  eighty 
years  ago  as  most  suitable  for  gardening  are  the  best  to-day. 

Captain  Beardslee,  United  States  Navy,  speaking  of  the  agricul- 
tural conditions  in  the  vicinity  of  Sitka,  says  (Reports  on  Affairs 
in  Alaska,  Senate  Ex.  Doc.  No.  71,  Forty-seventh  Congress,  first 
session,  p.  125) : 

Whether  it  be  due  to  the  change  of  climate  through  the  clearing  away  of 
many  acres  of  forest  or  to  improved  methods  I  can  not  say,  but  for  several 
years  past  excellent  vegetables,  such  as  potatoes,  cabbages,  etc.,  have  been 
raised  yearly  in  the  neighborhood  of  Sitka  and  Wrangel.  Near  Sitka  there 
are  a  large  number  of  plots  under  cultivation.  I  have  seen,  two  seasons  in 
succession,  lettuce  of  several  varieties,  cabbages  a  yard  across  before  they  began 
to  head,  and  8  to  10  inches  in  diameter  headed;  cauliflower  weighing  from  lo 
to  15  pounds,  early  rose  and  peachblow  potatoes  ranging  from  3  to  30  ounces 
each,  and  each  hill  yielding  over  half  a  bucket  full;  turnips  of  very  large  size, 
and  cress,  radishes,  etc.,  in  profusion;  green  pease  of  excellent  quality,  and  beds 
bordered  by  gooseberries  and  currant  bushes,  producing  loads  of  fruit.  My 
lettuce  bed  kept  me  supplied  from  June  to  September. 

As  to  the  character  of  the  country  in  the  Yuk  jn  region,  ]\Ir.  Dall 
(Alaska  and  its  Resources,  p.  433)  says  that  it  '-^aries  from  rolling 
and  somewhat  rocky  hills  to  broad  and  marshy  plains,  extending 
for  miles  on  either  side  of  the  river.  The  underlying  rocks  in 
great  part  are  Azoic,  being  conglomerate,  syenite-  and  quartzite. 
The  south  shore  of  Norton  Sound  and  portions  of  the  Kadiak 


40  ALASKA. 

Peninsula  are  basalt  and  lava.  There  is  on  the  northeast  shore  of 
Norton  Sound  an  abundance  of  sandstone  and  clay  beds  containing 
lignite.  Sandstone  is  also  abundant  on  the  Yukon,  alternating  w  ith 
the  Azoic  rocks.  The  superincumbent  soil  differs  in  different 
places.  In  some  localities,  it  is  clayey,  and  in  such  situations  is  quite 
frequently  covered  with  sphagnum,  which  always  impoverishes  the 
soil  immediately  beneath  it.  In  others,  it  is  light  and  sandy,  and 
over  a  large  extent  of  country  it  is  the  richest  alluvial,  composed  of 
very  fine  sand,  mud,  and  vegetable  matter,  brought  down  by  the 
river  and  forming  deposits  of  indefinite  depth.  *  *  *  y^g 
soil  is  usually  frozen  at  a  depth  of  3  or  4  feet  in  ordinary  situa- 
tions. In  colder  ones,  it  remains  icy  to  within  18  inches  of  the 
surface.  This  layer  of  frozen  soil  is  6  or  8  feet  thick.  Below  that 
depth,  the  soil  is  destitute  of  ice,  except  in  very  unusual  situations. 
Lieutenant  Allen  (Report  on  Expedition  to  Alaska,  1885) 
says: 

I  believe  that  lettuce,  radishes,  turnips,  beans,  peas,  potatoes,  carrots,  and 
possibly  buckwheat  and  barley,  can  be  raised  in  favored  localities  on  the  middle 
and  upper  Yukon  and  Tanana.  The  climatic  conditions  of  the  coast  do  not 
prevail  here;  there  is  not  as  much  humidity.  .  .  .  The  summers,  though  short, 
are  very  hot.  The  sun  is  almost  continually  above  the  horizon,  and  the  ther- 
mometer has  been  known  to  read  112°  and  115°  F.  Although  the  soil  usually 
remains  frozen  the  year  round  at  a  depth  of  1  or  2  feet  below  the  surface, 
this  would  not  necessarily  interfere  with  agricultural  pursuits.  By  cultivation 
and  proper  drainage,  the  distance  of  the  ice  bed  below  the  surface  would  be 
considerably  increased. 

CATTLE. 

With  reference  to  cattle  and  other  live  stock,  Mr.  Petroff  says: 

There  have  been  repeated  attempts  to  raise  stock  cattje,  sheep,  and  hogs  m 
large  herds  within  the  borders  of  Alaska.  The  subject  is  one  in  which  the 
Russians  first  naturally  took  a  deep  interest,  for  they  were  fond  of  good  living 
and  were  as  desirous  as  any  people  could  be  to  have  the  best  of  beef  or  mutton 
and  the  sweetest  pork  on  their  tables.  They  brought  over  hardy  selections 
from  the  Siberian  stock,  placing  the  cattle  at  almost  every  point  of  importance 
for  trial.      The  result,  after  years  of  patient  and  persistent  attention,  was  that 


ALASKA. 


41 


the  herds  on  Kadiak  Island  throve  the  best  and  becaine  of  real  serv^ice  in  assist- 
ing to  maintain  the  settlement.  Here  there  is  a  very  fine  ranging  ground  for 
pasture,  and  in  the  summer  there  is  the  greatest  abundance  of  nutritious  grasses, 
but  when  the  storms  of  October,  freighted  with  snow,  accompanied  by  cold  and 
piercing  gales,  arrive  and  hold  their  own  until  the  following  May,  the  sleek,  fat 
herd  of  September  becomes  very  much  worn  and  emaciated.  It  has  given  its 
owner  an  undue  amount  of  trouble  to  shelter  and  feed.  Hay,  however,  suitable 
for  cattle,  or  at  least  to  keep  cattle  alive,  can  be  cut  in  almost  any  quantities 
desired  for  that  purpose,  but  the  stress  of  weather  alone,  even  with  abundance 
of  this  feed,  depresses  as  it  were  and  enfeebles  the  vitality  of  the  stock,  so  that 
the  herds  on  Kadiak  Island  have  never  increased  to  anvthing  approximating  a 
stock  grower's  drove,  rarely  exceeding  15  or  20  head  at  the  most.  Notable 
examples  of  small  flocks  of  sheep  which  have  been  brought  uj)  since  the  trans- 
fer and  turned  out  at  Unalaska,  Unga,  and  elsewhere  have  done  well.  The 
mutton  of  the  Alaskan  sheep  when  it  is  rolling  in  its  own  fat,  as  it  were,  is 
pronounced  by  epicures  to  be  very  fine ;  but  the  severe  winters,  which  are  not 
so  cold  as  protracted — when  the  weather  is  so  violent  that  the  animals  have  to 
huddle  for  weeks  in  some  dark,  low  shelter,  cause  a  sweating  or  heating  of  their 
wool,  which  is  detached  and  falls  off — -greatly  enfeebling  and  emaciating  them 
by  spring.  The  practice  of  the  traders  at  some  places  now  is  to  bring  beef  cattle 
up  in  the  spring  from  San  Francisco,  turn  them  out  into  the  grazing  grounds  on 
the  Aleutian  Islands,  Kadiak,  and  even  to  the  north,  where  they  speedily  round 
out  and  flesh  up  into  the  very  finest  beeves  by  the  middle  or  end  of  October, 
when  they  are  slaughtered. 

Horses,  according  to  Mr.  Petroff,  have  been  kept  on  Wood 
Island,  Kadiak  Harbor,  for  years.  A  field  of  12  acres  of  oats  is 
regularly  sown  for  their  use.  The  oats  grow  and  frequently  head, 
but  never  ripen ;  the  planters  cut  the  green  crop  for  haying  pur- 
poses. Mules  and  horses  have  no  economic  value,  there  being 
little  service  for  them  on  land. 

REINDEER. 

Dr.  Jackson  (Report  on  Introduction  of  Domestic  Reindeer 
into  Alaska,  1896),  says  that  the  vast  territory  of  central  and  arc- 
tic Alaska,  unfitted  for  agriculture  or  cattle  raising,  is  abundantly 
supplied  with  long,  fibrous  white  moss,  the  natural  food  of  the 
reindeer.     Taking  the  statistics  of  Norway  and  Sweden  as  a  guide. 


42  ALASKA. 

arctic  and  subarctic  Alaska  can  support  9,000,000  reindeer,  fur- 
nishing a  supply  ot  food,  clothing,  and  means  of  transportation  to 
a  population  of  a  quarter  of  a  million.  Providence  has  adapted 
the  reindeer,  continues  Dr.  Jackson,  to  the  peculiar  conditions  of 
arctic  life,  and  it  furnishes  the  possibilities  of  large  and  increasing 
commercial  industries.  The  flesh  is  considered  a  great  delicacy, 
whether  fresh  or  cured.  The  untanned  skin  makes  the  best  cloth- 
ing for  the  climate  of  Alaska,  and  when  tanned  is  the  best  leather 
for  the  bookbinder,  upholsterer,  and  glove  maker.  The  hair  is  in 
great  demand,  by  reason  of  its  wonderful  buoyancy,  in  the  con- 
struction of  life-saving  apparatus.  The  horns  and  hoofs  make  the 
best  glue  known  to  commerce.  With  Alaska  stocked  with  this 
valuable  animal,  enterprises  would  be  developed  amounting  to 
millions  of  dollars  annually. 

Reindeer  will  also  be  found  very  useful  in  transportation.  Dogs 
have  been  used  for  this  purpose,  but  they  are  slow  and  must  be 
burdened  with  the  food  for  their  own  maintenance.  Provisions  and 
freight  brought  from  the  south  and  landed  in  Alaska  are  with 
great  difficulty  transported  to  the  mining  regions.  During  the 
winter  of  1895-96,  Dr.  Jackson  says,  mongrel  Indian  dogs  cost 
$100  to  $200  each  for  transportation  purposes,  and  the  freight 
charges  ranged  from  1 5  to  20  cents  per  pound.  Trained  reindeer 
make  in  a  day  two  or  three  times  the  distance  covered  by  a  dog 
team,  and  at  the  end  of  the  journey,  can  be  turned  loose  to  gather 
their  support  from  the  moss  always  accessible  to  them.  One 
drawback  to  their  introduction  appears  to  be  a  disease  which 
attacks  the  hoof,  due  to  the  damp  soil.  There  are  now  five  herds 
in  Alaska,  one  at  Cape  Prince  of  Wales,  one  at  Cape  Nome,  two 
at  Golovin  Bay,  and  the  central  Government  herd  at  the  Teller 
reindeer  station.  Port  Clarence,  including  1,175  head. 


VIII. 

The  Fur  Seal  and  Other  Fisheries. 

Mr.  James  C.  Carter,  in  his  oral  argument  on  behalf  of  the 
United  States,  before  the  Tribunal  of  Arbitration,  at  Paris,  1893, 
gives  the  following  concise  sketch  of  the  fur-seal  controversy: 
"  During  most  of  the  eighteenth  century,  as  all  are  aware,  the 
efforts  and  ambitions  of  various  European  powers  were  directed 
toward  the  taking  possession,  the  settlement,  and  the  coloniza- 
tion of  the  temperate  and  tropical  parts,  of  the  American  Con- 
tinent. In  those  efforts,  Russia  seems  to  have  taken  a  compara- 
tively small  part,  if  any  part  at  all.  Her  enterprise  and  ambi- 
tion were  attracted  to  these  northern  seas,  seas  which  border  upon 
the  coasts  which  in  part  she  already  possessed,  the  Siberian  coast 
of  Bering  Sea.  From  that,  coast  explorations  were  made  by 
enterprising  navigators  belonging  to  that  nation,  until  the  whole 
of  Bering  Sea  was  discovered,  and  the  coasts  on  all  its  sides 
explored.  The  Aleutian  Islands,  forming  its  southern  boundary, 
were  discovered  and  explored,  and  a  part  of  what  is  called  the 
Northwest  Coast  of  the  American  Continent,  south  of  the  Alaskan 
Peninsula  and  reaching  south  as  far  as  the  fifty-fourth  or  fiftieth 
degree  of  north  latitude,  was  also  explored  by  Russian  naviga- 
tors, and  establishments  were  formed  upon  it  in  certain  places. 
The  great  object  of  Russia  in  these  enterprises  and  explorations 
was  to  reap  for  herself  the  sole  profit  and  the  sole  benefit  which 
could  be  derived  from  these  remote  and  icebound  regions;  namely, 
that  of  the  fur-bearing  animals  which  inhabited  them  and  which 
were  gathered  by  the  native  inhabitants.     To  obtain  for  herself 

43 


44  ALASKA. 

the  benefit  of  those  animals  and  of  the  trade  with  the  natives 
wh^  were  engaged  in  gathering  them  that  constituted  the  main 
object  of  the  original  enterprises  prosecuted  by  Russian  naviga- 
tors. They  had  at  a  very  early  period  discovered  what  we  call 
the  Commander  Islands  on  the  western  side  of  the  Bering  Sea, 
which  were  then,  as  they  are  now,  one  of  the  principal  resorts 
and  breeding  places  of  the  fur  seals.  They  were  carrying  on  a 
very  large,  or  a  considerable,  industry  in  connection  with  those 
animals  upon  those  islands. 

Prior  to  the  year  1787,  one  of  their  navigators,  Captain  Pribilof, 
had  observed  very  numerous  bodies  of  fur  seals  making  their  way 
northward  through  the  passes  of  the  Aleutian  chain.  Whither 
they  were  going  he  knew  not,  but,  from  his  knowledge  of  the  habits 
of  the  seals  in  the  region  of  the  Commander  Islands,  he  could  not 
but  suppose  that  there  was,  somewhere  north  of  the  Aleutian  chain 
in  the  Bering  Sea,  another  great  breeding  place  and  resort  for  these 
animals.  He  therefore  expended  much  labor  in  endeavoring  to 
discover  these  resorts,  and  in  the  year  1786,  I  think,  on  one  of  his 
voyages,  he  suddenly  found  himself  in  the  presence  of  that  tre- 
mendous roar — a  roar  almost  like  that  of  Niagara,  it  is  said — 
which  proceeds  from  the  countless  multitudes  of  animals  upon  the 
islands.  He  knew  then  that  the  object  for  which  he  was  seeking 
had  been  obtained;  and  waiting  until  the  fog  had  lifted,  he  dis- 
covered before  him  the  islands  to  which  his  name  was  afterwards 
given.  That  was  in  1786.  Immediately  following  that  discov- 
ery many  Russians,  sometimes  individually  and  sometimes  asso- 
ciated in  companies,  resorted  to  those  islands,  which  were  uninhab- 
ited, and  made  large  captures  of  seals  from  them.  The  mode 
of  taking  them  was  by  an  indiscriminate  slaughter  of  males  and 
females;  and  of  course,  it  was  not  long  before  the  disastrous 
effects  of  that  method  became  apparent.  They  were  greatly 
reduced  in  numbers,  and  at  one  or  more  times,  seemed  to  be  upon 
the    point    almost    of  commercial    extermination.      By   degrees. 


ALASKA. 


45 


those  engaged  in  this  pursuit  learned  what  the  laws  of  nature 
were  in   respect  to  the   preservation   of  such   a  race  of  animals. 

They  learned  that  they  were  highly  polygamous  in  their  nature, 
and  that  a  certain  draft  could  be  taken  from  the  superfluous 
males  without  sensibly  depreciating  the  enormous  numbers  of 
the  herd.  Learning  those  facts,  they  gradually  established  an 
industry  upon  the  islands,  removed  a  considerable  number  of  the 
population  of  one  or  more  of  the  Aleutian  Islands,  and  kept  them 
permanently  there  for  the  purpose  of  guarding  the  seals  upon  the 
islands  and  taking,  at  the  time  suitable  for  that  purpose,  such  a 
number  of  superfluous  males  as  the  knowledge  they  had  acquired 
taught  them  could  be  safely  taken. 

Finally,  the  system  which  they  established  grew  step  by  step 
more  regular  and  precise;  and  sometime — 1  think  I  may  say  in 
the  neighborhood  of    1845 — ^^^7  ^-^^  adopted  a  regular  system 

vhich  absolutely  forbade  the  slaughter  of  females  and  confined 
the  taking  to  young  males  under  certain  ages  and  to  a  certain 
annual  number.  Under  that  reasonable  system,  conforming  to 
natural  laws,  the  existence  ot  the  herd  was  perpetuated  and  its 
numbers  even  largely  increased;  so  that  at  the  time  when  it 
passed  into  the  possession  of  the  United  States,  I  think  I  may 
say  it  was  true  that  the  numbers  ot  the  herd  were  then  equal 
to,  if  not  greater,  than  ever  had  been  known  since  the  islands 
were  first  discovered.  A  similar  system  had  been  pursued  by 
the  Russians  with  similar  etfect  upon  the  Commander  Islands, 
possessions  of  their  own  on  the  western  side  of  the  Bering  Sea. 

The  advantage  of  these  results,  so  beneficial  to  Russia,  so  bene- 
ficial to  mankind,  may  be  more  easily  perceived  by  comparing 
them  with  the  results  which  have  flowed  from  the  discovery  of 
other  homes  of  the  fur  seal  in  other  seas.  It  is  well  known  that 
south  of  the  equator  and  near  the  southern  extremity  of  the  South 
American  continent,  there  were  other  islands,  Masafuera,  Juan 
Fernandez,  Falkland  Islands,  and  other  places  w^here  there  were 


46  ALASKA. 

seals  in  almost  equal  multitudes.  They  were  on  uninhabited 
islands.  They  were  in  places  where  no  protection  could  be 
extended  against  the  capture  of  them.  They  were  in  places  where 
no  system  of  regulations  limiting  drafts  which  might  be  made 
upon  them  could  be  established,  and  the  consequence  was  that  in 
a  few  short  years,  they  were  practically  exterminated  from  every 
one  of  such  haunts  and  have  remained  ever  since  practically,  in  a 
commercial  point  of  view,  exterminated,  except  in  some  few  places 
over  which  the  authority  of  some  power  has  been  exercised,  and 
where  regulations  have  been  adopted  more  or  less  resembling 
those  adopted  upon  the  Pribilof  Islands,  and  by  which  means  the 
race  has  to  a  certain  extent,  although  comparatively  small,  been 
preserved. 

That  was  the  condition  of  things  when  these  islands  passed  into 
the  possession  of  the  United  States  under  the  treaty,  between 
that  Government  and  Russia,  of  1867.  At  first,  upon  the  acqui- 
sition by  the  United  States  Government,  its  authority  was  not 
immediately  established  and,  consequently,  this  herd  of  seals 
was  exposed  to  the  indiscriminate  ravages  of  individuals  who 
might  be  tempted  thither  by  their  hope  of  gaining  a  profit;  and 
the  result  was  that  in  the  first  year,  something  like  240,000  seals 
were  taken,  and  although  some  discrimination  was  attempted  and 
an  effort  was  made  to  confine  the  taking,  as  far  as  possible,  to  males 
only,  yet  those  efforts  were  not  in  every  respect  successful.  That 
great  draft  thus  irregularly  and  indiscriminately  made  upon  them 
had  undoubtedly  a  very  unfavorable  effect;  but  <the  following 
year,  the  United  States  succeeded  in  establishing  its  authority  and 
at  once  readopted  the  system  which  had  been  up  to  that  time  pur- 
sued by  Russia  and  which  had  been  followed  by  such  advantageous 
results. 

In  addition  to  that,  and  for  the  purpose  of  further  insuring  the 
preservation  of  the  herd,  the  United  States  Government  resorted 
to  national  legislation.     Laws  were  passed,  the  first  of  them  as 


ALASKA. 


47 


early  as  the  year  1870,  designed  to  protect  the  seal  and  other  fur- 
bearing  animals  in  Bering  Sea  and  the  other  possessions  recently 
acquired  from  Russia.  At  a  later  period,  this  statute,  with  others 
that  had  been  subsequently  passed,  was  revised,  I  think  in  the 
year  1873,  when  a  general  revision  of  the  statutes  of  the  United 
States  was  made.  They  were  revised  and  made  more  stringent. 
It  was  made  a  criminal  offense  to  kill  any  female  seal;  and  the 
taking  of  any  seals  at  all,  except  in  pursuance  of  the  authority  of 
the  United  States  and  under  such  regulations  as  it  might  adopt, 
was  made  a  criminal  offense.  Any  vessel  engaged  in  the  taking 
of  female  seals  in  the  waters  of  Alaska,  according  to  the  phrase 
used  in  the  statute,  was  made  liable  to  seizure  and  confiscation; 
and  in  this  way,  it  was  hoped  and  expected  that  the  fur  seals  would 
be  preserved  in  the  future  as  completely  as  they  had  been  in  the 
past,  and  that  this  herd  would  continue  to  be  still  as  productive  as 
before,  and  if  possible,  made  more  productive.  That  system  thus 
initiated  by  the  United  States  in  the  year  1870  produced  the 
same  result  as  had  followed  the  regulations  established  by  Russia. 
The  United  States  Government  was  enabled,  even,  to  take  a  larger 
draft  than  Russia  had  prior  to  that  time,  made  upon  the  herd. 
Russia  had  limited  herself  at  an  early  period  to  the  taking  of 
somewhere  between  30,000  and  40,000  seals  annually,  not  solely, 
perhaps,  for  the  reason  that  no  more  could  be  safely  taken  from 
the  herd,  but  also  for  the  reason,  as  I  gather  from  the  evidence, 
that  at  that  time,  the  demand  for  seals  was  not  so  great  as  to  justify 
the  putting  of  a  larger  number  of  skins  upon  the  market. 

At  a  later  period  of  the  occupation  by  Russia,  her  drafts  were 
increased.  At  the  time  when  the  occupation  was  transferred  to 
the  United  States,  I  think  they  amounted  to  somewhere  between 
50,000  and  70,000  annually.  The  United  States,  as  I  say,  took 
100,000  from  the  beginning,  and  continued  to  make  those  annual 
drafts  of  100,000  down  to  the  year  1890.  That  is  a  period  of 
something  like  nineteen  years.     The  taking  of  this  number  of 


^8  ALASKA, 

100,000  did  not,  at  first,  appear  to  lead  to  any  diminution  in  the 
numbers  ot  the  herd;  and  it  was  only  in  the  year  1890,  or  a  few 
years  prior  to  that  time,  that  a  diminution  in  the  numbers  of  the 
herd  was  first  observed.  This  diminution  was  at  that  time  attrib- 
uted to  causes  of  which  I  shall  presently  say  something. 

Such  was  the  industry  established  by  the  United  States.  It 
was  a  very  beneficial  industry — beneficial,  in  the  first  instance,  to 
herself.  She  had  adopted  the  practice  of  leasing  these  islands 
upon  long  terms — twenty  years — to  a  private  corporation;  and 
those  leases  contained  an  obligation  to  pay  a  large  annual  sum  in 
the  shape  of  a  revenue  tax  and  a  gross  sum  of  some  $60,000  as 
rent.  In  addition  to  that,  the  lessees  were  required  by  the  terms 
of  the  lease  to  pay  to  the  United  States  Government  a  certain 
sum  upon  every  seal  captured  by  them,  which,  of  course,  resulted 
in  the  enjoyment  by  the  United  States  of  a  still  larger  revenue. 
It  was  beneficial  to  the  lessees,  for  it  is  to  be  supposed,  and  such 
is  the  fact,  that  they  were  enabled  to  make  a  profit  notwith- 
standing the  large  sums  they  WTre  compelled  to  pay  to  the 
United  States  Government  upon  the  seal  skins  secured  by  them. 
But  while  it  was  profitable  to  the  United  States  and  profitable  to 
the  lessees,  I  may  say — and  this  is  what  at  all  times  I  wish  to 
impress  upon  this  Tribunal — it  was  still  more  important  and 
beneficial  to  the  world  at  large.  The  fur  seal  is  one  of  the  boun- 
ties of  Providence,  bestowed,  as  all  the  bounties  of  Providence 
are,  upon  mankind  in  general,  not  for  the  benefit  of  this  partic- 
ular nation  or  that  particular  nation,  but  for  the  benefit  of  all; 
and  all  the  benefit,  of  course,  which  mankind  can  get  from  that 
blessing  is  to  secure  the  annual  taking,  use,  and  enjoyment  of 
the  increase  of  the  animal.  That  is  all  they  can  obtain  from  it. 
If  they  seek  to  obtain  more,  it  is  an  abuse  of  the  blessing,  involv- 
ing destruction  —  necessary  destruction  —  and  they  soon  deprive 
themselves  of  the  benefit  altogether. 

This,  therefore,  was  the  benefit  to  mankind  which  was  made  pos- 


ALASKA.  4c) 

sible,  and  which  was  enjoyed  by  mankind  by  this  particular  mode 
of  dealing  with  the  fur  seals  which  had  been  established  and  carried 
on  upon  the  Pribilof  Islands.  Mankind  received  the  benefit  of 
the  entire  annual  increase,  and  at  the  same  time,  the  stock  was  per- 
petually preserved  and  kept  from  any  sort  of  peril;  and  in  that 
benefit  the  citizens  of  the  United  States  enjoyed,  of  course,  no 
advantage  over  the  rest  of  the  world.  The  whole  product  of  the 
herd  was  contributed  at  once  to  commerce,  and  throuijh  the 
instrumentality  of  commerce  was  carried  all  over  the  world  to 
those  who  desired  the  sealskins,  and  those  who  desired  sealskins, 
wherever  they  might  be  on  the  face  of  the  globe,  and  whatever 
nation  they  might  inhabit,  got  them  upon  the  same  terms  upon 
which  the  citizens  of  the  United  States  enjoyed  them.  This  con- 
tribution of  the  annual  product  to  the  purposes  of  commerce,  to 
be  dealt  with  as  commerce  deals  with  one  of  its  subjects,  of  course 
amounted  substantially  to  a  putting  it  up  at  auction,  and  it  was 
awarded  to  the  highest  bidder,  wherever  he  might  dwell. 

The  effect  of  this  was,  also,  as  we  shall  have  occasion  to  see  in 
the  course  of  this  discussion,  to  build  up  and  maintain  an  impor- 
tant industry  in  Great  Britain.  It  was  there  that  the  sealskins 
were  manufactured  and  prepared  for  sale  in  the  market,  and  thou- 
sands of  people  were  engaged  in  that  industry,  many  more,  indeed, 
than  were  engaged  in  the  industry  of  gathering  the  seals  upon  the 
Pribilof  Islands.  That  particular  benefit  was  secured  to  Great 
Britain  in  consequence  of  this  industry. 

In  the  few  years  preceding  1890,  the  Government  of  the  United 
States  was  made  aware  of  a  peril  to  the  industry  which  had  thus 
been  established  and  which  it  was  in  the  enjoyment  of,  a  peril  to 
the  preservation  of  this  race  of  seals,  a  peril  not  proceeding  from 
what  may  be  called  natural  causes,  such  as  the  killing  by  whales 
and  other  animals  which  prey  upon  the  seals  in  the  water,  but  a 
peril  proceeding  from  the  hand  of  man.  It  was  found  that  the 
practice  of  pelagic  sealing,  which  had  for  many  years,  and  indeed 
ifo.  86 i 


50 


ALASKA. 


from  the  earliest  knowledge  of  these  regions,  been  carried  on  to  a 
very  limited  extent  by  the  Indians  who  inhabited  the  coasts  for 
the  purpose  of  obtaining  food  for  themselves  and  skins  for  their 
clothing,  and  which  had  made  a  limited  draft  upon  the  herds  in 
that  way — it  was  found  that  this  practice  was  beginning  to  be 
extended  so  as  to  be  carried  on  by  whites,  and  in  large  vessels 
capable  of  proceeding  long  distances  from  the  shore,  of  encounter- 
ing the  roughest  weather,  and  of  carrying  boats  and  boatmen  and 
hunters,  armed  with  every  appliance  for  taking  and  slaughtering 
the  seals  upon  their  passage  through  the  seas.  That  practice 
began,  I  think,  in  the  year  1876,  but  at  first,  its  extent  was  small. 
The  vessels  were  fitted  out  mostly  from  a  port  in  British  Colum- 
bia, and  confined  their  enterprise  to  the  North  Pacific  Ocean,  not 
entering  Bering  Sea  at  all;  and  their  drafts  upon  the  seals  even  in 
the  North  Pacific  Ocean  were  at  first  extremely  small,  only  a 
few  thousands  each  year.  But  the  business  was  found  to  be  a 
profitable  one,  and,  of  course,  as  its  profit  was  perceived,  more  and 
more  were  tempted  to  engage  in  it,  and  a  larger  and  larger  invest- 
ment of  capital  was  made  in  it.  More  and  more  vessels  prose- 
cuted the  fishery  in  the  North  Pacific  Ocean,  and  in  1883,  ^o^the 
first  time,  a  vessel  ventured  to  enter  Bering  Sea. 

The  learned  arbitrators  will  perceive  that  up  to  this  time,  during 
the  whole  of  the  Russian  and  the  whole  of  the  American  occupa- 
tion of  these  islands,  there  had  been  no  such  thing  as  pelagic 
sealing,  except  in  the  insignificant  way  already  mentioned  by  the 
Indians.  Those  two  nations  had  enjoyed  the  full  benefit  of  this 
property,  the  full  benefit  of  these  herds  of  seals,  in  as  complete  a 
degree  as  if  they  had  been  recognized  as  the  sole  proprietors  of 
them,  and  as  if  a  title  in  them,  not  only  while  they  were  ashore 
and  upon  the  breeding  islands,  but  while  they  were  absent  upon 
their  migrations,  had  been  recognized  in  them  during  that  whole 
period,  or  as  if  there  had  been  some  regulation  among  the  nations 
absolutely  prohibiting   all    pelagic   sealing.      Up   to   the   period 


ALASKA. 


51 


when  pelagic  sealing  began  to  be  extended,  those  advantages  were 
exclusively  enjoyed  by  Russia  and  the  United  States;  and  at 
first,  as  I  have  said,  this  pelagic  sealing  did  not  extend  into  Bering 
Sea,  but  was  carried  on  in  the  North  Pacific  Ocean,  and  south 
and  east  of  the  Aleutian  chain. 

Why  Bering  Sea  was  thus  carefully  abstained  from  it  may  per- 
haps be  difficult  at  the  present  time  altogether  to  say.  It  may  be 
for  the  reason  that  it  was  farther  off,  more  difficult  to  reach.  It 
may  be  for  the  reason  that  the  pelagic  sealers  did  not  at  first  sup- 
pose that  they  had  a  right  to  enter  Bering  Sea  and  take  the  seals 
there,  for  it  was  well  known  that  during  the  whole  of  the  Russian 
occupation  Russia  did  assert  for  herself  an  exclusive  right  to  all 
the  products  of  that  region  of  the  globe;  and  it  was  also,  of 
course,  well  known  to  all  Governments,  and  to  these  pelagic 
sealers,  that  the  United  States  had,  when  they  acceded  to  the 
sovereignty  over  these  islands,  asserted  a  similar  right,  and  made 
the  practice  of  pelagic  sealing,  in  Bering  Sea  at  least — perhaps 
farther,  but  in  Bering  Sea  at  least — a  criminal  offense  under  their 
law.  But  from  whatever  cause,  it  was  not  until  the  year  1883 
that  any  pelagic  sealers  ventured  into  Bering  Sea.  During  that 
year,  a  single  vessel  did  enter  there,  took  a  large  catch,  was  very 
successful,  and  was  not  called  to  any  account;  and  this  successful 
experiment  was,  of  course,  followed  during  the  succeeding  years 
by  many  repetitions  of  the  same  enterprise. 

The  extent  to  which  pelagic  sealing  was  thus  carried  on  in 
Bering  Sea,  its  probable  consequences  upon  the  herds  which  made 
their  homes  upon  the  Pribilof  Islands,  was  not  at  first  appreciated 
either  by  the  United  States  or  by  the  lessees  of  the  islands.  There 
was  no  means  by  which  they  could  easily  find  out  how  many  ves- 
sels made  such  excursions,  and  they  did  not  at  first  seem  to  sup- 
pose that  their  interests  were  particularly  threatened  by  it.  Con- 
sequently, for  the  first  two  or  three  years,  no  notice  seems  to  have 
been  taken  of  these  enterprises  by  the  Government  of  the  United 


J2  ALASKA. 

States,  although  it  had  laws  made  against  them.  But  in  1886, 
this  practice  of"  taking  seals  at  sea  became  so  largely  extended  that 
it  excited  apprehensions  for  the  safety  of  the  herd,  and  it  was  per- 
haps thought  at  that  time  that  there  was  already  observable  in  the 
condition  of  the  herd  some  damaging,  destructive  consequence  of 
that  pursuit  of"  them  by  sea. 

The  attention  of  the  United  States  having  been  called  to  the 
practice,  that  Government  determined  to  prevent  it,  and  the  first 
method  to  which  it  resorted  was  an  enforcement  of  the  laws  upon 
her  statute  book  which  prohibited  the  practice,  and  subjected  all 
vessels  engaged  in  it  to  seizure  and  confiscation.  Instructions 
were  accordingly  given  to  the  cruisers  of  the  United  States  to  sup- 
press the  practice  and  to  enforce  those  laws.  The  result  was  that 
in  the  year  1886,  three  British  vessels  and  some  American  vessels 
were  taken  while  engaged  in  the  pursuit  illegally  under  the  laws 
of  the  United  States.  They  were  carried  in  and  condemned." 
[See  Fur  Seal  Arbitration  Proceedings,  Vol.  XII,  pp.  6-11.] 

These  seizures,  after  much  diplomatic  correspondence,  led  to 
the  final  adoption  of  a  treaty  between  the  United  States  and 
Great  Britain,  which  was  signed  at  Washington,  February  29, 
1892,  the  text  of  which  is  as  follows: 

The  United  States  of  America  and  Her  Majesty  the  Queen  of  the  United 
Kingdom  of  Great  Britain  and  Ireland,  being  desirous  to  provide  for  an  amica- 
ble settlement  of  the  questions  which  have  arisen  between  their  respective 
governments  concerning  the  jurisdictional  rights  of  the  United  States  in  the 
waters  of  Bering  Sea,  and  concerning  also  the  preservation  of  the  fur  seal  in, 
or  habitually  resorting  to,  the  said  sea,  and  the  rights  of  the  citizens  and  sub- 
jects of  either  country  as  regards  the  taking  of  fur  seal  in,  or  habitually  resort- 
ing to,  the  said  waters,  have  resolved  to  submit  to  arbitration  the  questions 
involved,  and  to  the  end  of  concluding  a  convention  for  that  purpose  have 
appointed  as  their  respective  plenipotentiaries  : 

The  President  of  the  United  States  of  America,  James  G.  Blaine,  Secretary 
of  State  of  the  United  States  ;   and 

Her  Majesty  the    Queen   of  the   United   Kingdom  of  Great  Britain  and  Ire- 


ALASKA. 


5:3 


land.  Sir  Julian   Pauncefote,   G.    C.    M.    G.,   K.    C.    B.,    Her  Majesty's  envoy 
extraordinary  and  minister  plenipotentiary  to  the  United  States  ; 

Who,  after  hav^ing  communicated  to  each  other  their  respective  full  powers, 
which  were  found  to  be  in  due  and  proper  form,  have  agreed  to  and  concluded 
the  following  articles : 

Article   I.    . 

The  questions  which  have  arisen  between  the  Government  of  the  United 
States  and  the  Government  of  Her  Britannic  Majesty  concerning  the  juris- 
dictional rights  of  the  United  States  in  the  waters  of  Bering  Sea,  and  con- 
cerning also  the  preservation  of  the  fur  seal  in,  or  habitually  resorting  to,  the 
said  sea,  and  the  rights  of  the  citizens  and  subjects  of  either  countrv  as  regards 
the  taking  of  fur  seal  in,  or  habitually  resorting  to,  the  said  waters,  shall  be 
submitted  to  a  tribunal  of  arbitration,  to  be  composed  of  seven  arbitrators, 
who  shall  be  appointed  in  the  following  manner,  that  is  to  say  :  Two  shall  be 
named  by  the  President  of  the  United  States;  two  shall  be  named  by  Her  Brit- 
annic Majesty;  His  Excellency  the  President  of  the  French  Republic  shall  be 
jointlv  requested  by  the  High  Contracting  Parties  to  name  one;  His  Majesty 
the  Ring  of  Italy  shall  be  so  requested  to  name  one;  and  His  Majesty  the  King 
of  Sweden  and  Norway  shall  be  so  requested  to  name  one.  The  seven  arbi- 
trators to  be  so  named  shall  be  jurists  ot  distinguished  reputation  in  their 
respective  countries;  and  the  selecting  powers  shall  be  requested  to  choose,  if 
possible,  jurists  who  are  acquainted  with  the  English  language. 

In  case  of  the  death,  absence,  or  incapacity  to  serve  of  any  or  either  of  the 
said  arbitrators,  or  in  the  event  of  any  or  either  of  the  said  arbitrators  omitting 
or  declining  or  ceasing  to  act  as  such,  the  President  of  the  United  States,  or  Her 
Britannic  Majesty,  or  His  Excellency  the  President  of  the  French  Republic,  or 
His  Majesty  the  King  of  Italy,  or  His  Majesty  the  King  of  Sweden  and  Nor- 
wav,  as  the  case  may  be,  shall  name,  or  shall  be  requested  to  name  forthwith 
another  person  to  act  as  arbitrator  in  the  place  and  stead  of  the  arbitrator 
originally  named  by  such  head  of  a  State. 

And  in  the  event  of  the  refusal  or  omission  for  two  months  after  receipt  of 
the  joint  request  from  the  High  Contracting  Parties  of  His  Excellency  the  Pres- 
ident of  the  French  Republic,  or  His  Majesty  the-King  of  Italy,  or  His  Majesty 
the  King  of  Sweden  and  Norwav,  to  name  an  arbitrator,  either  to  fill  the  orig- 
inal appointment  or  to  fill  a  vacancy  as  above  provided,  then  in  such  case  the 
appointment  shall  be  made  or  the  vacancy  shall  be  filled  in  such  manner  as  the 
High  Contracting  Parties  shall  agree. 


54  ALASKA. 

Article   II. 

The  arbitrators  shall  meet  at  Paris  within  twenty  days  after  the  delivery  of 
the  counter  cases  mentioned  in  Article  IV,  and  shall  proceed  impartially  and 
carefully  to  examine  and  decide  the  questions  that  have  been  or  shall  be  laid 
before  them  as  herein  provided  on  the  part  of  the  Governments  of  the  United 
States  and  Her  Britannic  Majesty  respectively.  All  questions  considered  by  the 
tribunal,  including  the  final  decision,  shall  be  determined  by  a  majority  of  all 
the  arbitrators. 

Each  of  the  High  Contracting  Parties  shall  also  name  one  person  to  attend 
the  tribunal  as  its  agent  to  represent  it  generally  in  all  matters  connected  with 
the  arbitration. 

Article  III. 

The  printed  case  of  each  of  the  two  parties,  accompanied  by  the  documents, 
the  official  correspondence,  and  other  evidence  on  which  each  relies,  shall  be 
delivered  in  duplicate  to  each  of  the  arbitrators  and  to  the  agent  oi  the  other 
party  as  soon  as  mav  be  after  the  appointment  of  the  members  of  the  tribunal, 
but  within  a  period  not  exceeding  four  months  from  the  date  of  the  exchange 
of  the  ratifications  of  this  treaty. 

Article    IV. 

Within  three  months  after  the  delivery  on  both  sides  of  the  printed  case, 
either  partv  mav,  in  like  manner  deliver  in  duplicate  to  each  of  the  said  arbi- 
trators, and  to  the  agent  of  the  other  party,  a  counter  case,  and  additional 
documents,  correspondence,  and  evidence,  in  reply  to  the  case,  documents, 
correspondence,  and  evidence  so  presented  by  the  other  party. 

If,  however,  in  consequence  of  the  distance  of  the  place  from  which  the  evi- 
dence to  be  presented  is  to  be  procured,  either  party  shall,  within  thirty  days 
after  the  receipt  by  its  agent  of  the  case  of  the  other  party,  give  notice  to  the 
other  party  that  it  requires  additional  time  for  the  delivery  of  such  counter 
case,  documents,  correspondence  and  evidence,  such  additional  time  so  indicated, 
but  not  exceeding  sixty  days  beyond  the  three  months  in  this  article  provided, 
shall  be  allowed. 

If  in  the  case  submitted  to  the  arbitrators  either  party  shall  have  specified  or 
alluded  to  any  report  or  document  in  its  own  exclusive  possession,  without 
annexing  a  copy,  such  party  shall  be  bound,  if  the  other  party  thinks  proper  to 
apply  for  it,  to  furnish  that  party  with  a  copy  thereof;  and  either  party  may 
call  upon  the  other,  through  the  arbitrators,  to  produce  the  originals  or  certified 
copies  of  any  papers  adduced  as  evidence,  giving  in  each  instance  notice  thereof 


ALASKA.  55 

within  thirty  davs  after  delivery  of  the  case;  and  the  original  or  copy  so 
requested  shall  be  delivered  as  soon  as  may  he  and  within  a  period  not  exceed- 
ing forty  days  after  receipt  of   notice. 

Article   V. 

It  shall  be  the  duty  of  the  agent  of  each  party,  within  one  month  after  the 
expiration  of  the  time  limited  for  the  delivery  of  the  counter  case  on  both  sides, 
to  deliver  in  duplicate  to  each  of  the  said  arbitrators  and  to  the  agent  of  the 
other  party  a  printed  argument  showing  the  points  and  referring  to  the  evidence 
upon  which  his  Government  relies,  and  either  party  may  also  support  the  same 
before  the  arbitrators  bv  oral  argument  of  counsel ;  and  the  arbitrators  may,  if 
they  desire  further  elucidation  with  regard  to  any  point,  require  a  written  or 
printed  statement  or  argument,  or  oral  argument  by  counsel,  upon  it;  but  in 
such  case  the  other  partv  shall  be  entitled  to  reply  either  orallv  or  in  writing,  as 
the  case  may  be. 

Article  VI. 

In  deciding  the  matters  submitted  to  the  arbitrators,  it  is  agreed  that  the  fol- 
lowing five  points  shall  be  submitted  to  them,  in  order  that  their  award  shall 
embrace  a  distinct  decision  upon  each  of  said  five  points,  to  wit: 

1.  What  exclusive  jurisdiction  in  the  sea  now  known  as  the  Bering  Sea,  and 
what  exclusive  rights  in  the  seal  fisheries  therein,  did  Russia  assert  and  exercise 
prior  and  up  to  the  time  of  the  cession  of  Alaska  to  the  United  States.? 

2.  How  far  were  these  claims  of  jurisdiction  as  to  the  seal  fisheries  recognized 
and  conceded  by  Great  Britain.? 

3.  Was  the  body  of  water  now  known  as  the  Bering  Sea  included  in  the 
phrase  "Pacific  Ocean,"  as  used  in  the  treaty  of  1825  between  Great  Britain 
and  Russia;  and  what  rights,  if  any,  in  the  Bering  Sea  were  held  and  exclu- 
sively exercised  by  Russia  after  said  treaty  ? 

4.  Did  not  all  the  rights  of  Russia  as  to  jurisdiction,  and  as  to  the  seal  fish- 
eries in  Bering  Sea  east  of  the  water  boundary,  in  the  treaty  between  the 
United  States  and  Russia  of  the  30th  March,  1867,  pass  unimpaired  to  the 
United  States  under  that  treaty.? 

5.  Has  the  United  States  any  right,  and  if  so,  what  right  of  protection  or 
property  in  the  fur  seals  frequenting  the  islands  of  the  United  States  in  Bering 
Sea  when  such  seals  are  found  outside  the  ordinary  3-mile  limit. 

Article   VII. 

If  the  determination  of  the  foregoing  questions  as  to  the  exclusive  jurisdiction 
of  the  United  States  shall  leave  the  subject  in  such  position  that  the  concurrence 
of  Great  Britain  is  necessary  to  the  establishment  of  regulations  for  the  proper 


56  ALASKA. 

protection  and  preservation  of  the  fur  seal  in,  or  liabitually  resorting  to,  the 
Bering  Sea,  the  arbitrators  shall  then  determine  what  concurrent  regulations 
outside  the  jurisdictional  limits  of  the  -espective  Governments  are  necessary, 
and  over  what  waters  such  regulations  should  extend,  and  to  aid  them  in  that 
determination  the  report  of  a  joint  commission  to  be  appointed  by  the  respec- 
tive Governments  shall  be  laid  before  them,  with  such  other  evidence  as  either 
Government  may  submit. 

The  High  Contracting  Paties  furthermore  agree  to  cooperate  in  securing  the 
adhesion  of  other  powers  to  such  regulations. 

Article   VIII. 

The  High  Contracting  Parties  having  found  themselves  unable  to  agree  upon 
a  reference  which  shall  include  the  question  of  the  liability  of  each  for  the 
injuries  alleged  to  have  been  sustained  by  the  other,  or  by  its  citizens,  in  con- 
nection with  the  claims  presented  and  urged  by  it;  and,  being  solicitous  that 
this  subordinate  question  should  not  interrupt  or  longer  delay  the  submission 
and  determination  of  the  main  questions,  do  agree  that  either  may  submit  to 
the  arbitrators  any  question  of  fact  involved  in  said  claim  and  ask  for  a  finding 
thereon,  the  question  of  the  liability  of  either  Government  upon  the  facts 
found  to  be  the  subject  of  f\irther  negotiation. 

Article  IX. 

The  High  Contracting  Parties  having  agreed  to  appoint  two  commissioners 
on  the  part  of  each  Government  to  make  the  joint  investigation  and  report  con- 
templated in  the  preceding  Article  VII,  and  to  include  the  terms  of  the  said 
agreement  in  the  present  convention,  to  the  end  that  the  joint  and  several 
reports  and  recommendations  of  said  commissioners  may  be  in  due  form  sub- 
mitted to  the  arbitrators  should  the  contingency  therefor  arise,  the  said 
agreement  is  accordingly  herein  included  as  follows: 

Each  Government  shall  appoint  two  commissioners  to  investigate  conjointly 
with  the  commissioners  of  the  other  Government  all  the  facts  having  relation  to 
seal  life  in  Bering  Sea,  and  the  measures  necessary  for  its  proper  protection  and 
preservation. 

The  four  commissioners  shall,  so  far  as  they  mav  be  able  to  agree,  make  a  joint 
report  to  each  of  the  two  Governments,  and  they  shall  also  report,  either  jointly 
or  severally,  to  each  Government  on  any  points  upon  which  they  may  be  unable 
to  agree. 

These  reports  shall  not  be  made  public  until  they  shall  be  submitted  to  the 
arbitrators,  or  it  shall  appear  that  the  contingency  of  their  being  used  by  the 
arbitrators  can  not  arise. 


ALASKA. 


Article  X. 


57 


Each  Government  shall  pay  the  expenses  of  its  members  of  the  joint  com- 
mission in  the  investigation  referred  to  in  the  preceding  article. 

Article  XI. 

The  decision  of  the  tribunal  shall,  if  possible,  be  made  within  three  months 
from  the  close  of  the  argument  on  both  sides. 

It  shall  be  made  in  writing  and  dated,  and  shall  be  signed  by  the  arbitrators 
who  mav  assent  to  it. 

The  decision  shall  be  in  duplicate,  one  copy  whereof  shall  be  delivered  to  the 
agent  of  the  United  States  for  his  Government,  and  the  other  copy  shall  be 
delivered  to  the  agent  of  Great  Britain  for  his  Government. 

Article  XII. 

Each  Government  shall  pay  its  own  agent  and  provide  for  the  proper  remu- 
neration of  the  counsel  employed  by  it  and  of  the  arbitrators  appointed  by  it, 
and  for  the  expense  of  preparing  and  submitting  its  case  to  the  tribunal.  All 
other  expenses  connected  with  the  Arbitration  shall  be  defrayed  by  the  two 
Governments  in  equal  moieties. 

Article  XIII. 

The  arbitrators  shall  keep  an  accurate  record  of  their  proceedings  and  may 
appoint  and  employ  the  necessary  officers  to  assist  them. 

Article  XIV. 

The  High  Contracting  Parties  engage  to  consider  the  result  of  the  proceed- 
ings of  the  tribunal  of  arbitration  as  a  full,  perfect,  and  final  settlement  ot  all 
the  questions  referred  to  the  arbitrators. 

Article  XV. 

The  present  treaty  shall  be  duly  ratified  by  the  President  of  the  United  States 
of  America,  by  and  with  the  advice  and  consent  of  the  Senate  thereof,  and  by 
Her  Britannic  Majesty;  and  the  ratification  shall  be  exchanged  either  at  Wash- 
ington or  at  London  within  six  months  from  the  date  hereof,  or  earlier  if  possible. 
In  faith  whereof,  we,  the  respective  plenipotentiaries,  have  signed  this  treaty 
and  have  hereunto  affixed  our  seals. 

Done  in  duplicate  at  Washington  the  29th  day  of  February,  1892. 

James   G.    Blaine.  [seal.] 

Julian   Pauncefote.      [seal.] 


58  ALASKA. 

The  arbitrators  under  this  treaty,  Hon.  John  M.  Harlan  and 
Hon.  John  T.  Morgan,  representing  the  United  States;  Baron 
Alphonse  de  Courcel,  arbitrator  named  by  France;  the  Right 
Hon.  Lord  Hannen  and  Sir  John  Thompson,  representing  Great 
Britain;  Marquis  E.  Visconti  Venosta,  arbitrator  named  by  Italy, 
and  Mr.  Gregers  Gram,  arbitrator  named  by  vSweden  and  Norway, 
met  at  Paris  on  February  23,  1893,  ^"^  were  in  session  until 
August  15,  1893.  ^^^  following  award  was  the  result  of  their 
labors : 

AWARD  OF  THE  TRIBUNAL  OF  ARBITRATION  CONSTITUTED  UNDER  THE  TREATY  CON- 
CLUDED AT  WASHINGTON,  THE  29TH  OF  FEBRUARY,  l8g2,  BETWEEN  THE  UNITED 
STATES  OF  AMERICA  AND  HER  MAJESTY  THE  yUEEN  OF  THE  UNITED  KINGDOM  OF 
GREAT    BRITAIN    AND    IRELAND. 

Whereas  by  a  treaty  between  the  United  States  of  America  and  Great  Brit- 
ain, signed  at  Washington,  P'ebruary  29,  1892,  the  ratifications  ot  which  by  the 
Governments  of  the  two  countries  were  exchanged  at  London  on  May  the  7th, 
1892,  it  was,  amongst  other  things,  agreed  and  concluded  that  the  questions 
which  had  arisen  between  the  Government  of  the  United  States  of  America  and 
the  Government  of  Her  Britannic  Majesty  concerning  the  jurisdictional  rights 
of  the  United  States  in  the  waters  of  Bering's  Sea,  and  concerning  also  the 
preservation  of  the  fur-seal  in  or  habitually  resorting  to  the  said  sea,  and  the 
rights  of  the  citizens  and  subjects  of  either  country  as  regards  the  taking  of  fur- 
seals  in  or  habitually  resorting  to  the  said  waters,  should  be  submitted  to  a  tri- 
bunal of  arbitration  to  be  composed  of  seven  arbitrators,  who  should  be  appointed 
in  the  following  manner,  that  is  to  say:  two  should  be  named  by  the  President 
of  the  United  States;  two  should  be  named  by  Her  Britannic  Majesty;  His 
Excellency  the  President  of  the  French  Republic  should  be  jointly  requested  by 
the  High  Contracting  Parties  to  name  one ;  His  Majesty  the  King  of  Italy 
should  be  so  requested  to  name  one;  His  Majesty  the  King  of  Sweden  and 
Norway  should  be  so  requested  to  name  one;  the  seven  arbritrators  to  be  so 
named  should  be  jurists  of  distinguished  reputation  in  their  respective  countries, 
and  the  selecting  powers  should  be  requested  to  choose,  if  possible,  jurists  who 
are  acquainted  with  the  English  language ; 

And  whereas  it  was  further  agreed  by  Article  H  of  the  said  treaty  that  the 
arbitrators  should  meet  at  Paris  within  twenty  days  after  the  delivery  of  the 
cuunter  cases  mentioned  in  Article  IV,  and  should  proceed  impartially  and  care- 
f'liiy  to  examine  and  decide  the  questions  which  had  been  or  should  be  laid  before 


ALASKA.  5:9 

them  as  in  the  said  treaty  provided  on  the  part  of  the  Governments  of  the  United 
States  and  ot  Her  Britannic  Majesty  respectively,  and  that  all  questions  con- 
sidered bv  the  tribunal,  including  the  final  decision,  should  be  determined  by  a 
majority  of  all  the  arbitrators; 

And  whereas  by  Article  VI  ot  the  said  treaty,  it  was  further  provided  as  fol- 
lows :  "  In  deciding  the  matters  submitted  to  the  said  arbitrators,  it  is  agreed 
that  the  following  five  points  shall  be  submitted  to  them  in  order  that  their 
award  shall  embrace  a  distinct  decision  upon  each  ot  said  five  points,  to  wit: 

"  1.  What  exclusive  jurisdiction  in  the  sea  now  known  as  the  Bering's  Sea, 
and  what  exclusive  rights  in  the  seal  fisheries  therein,  did  Russia  assert  and  exer- 
cise prior  and  up  to  the  time  of  the  cession  of  Alaska  to  the  United  States  ? 

"  2.  How  far  were  these  claims  ot  jurisdiction  as  to  the  seal  fisheries  recog- 
nized and  conceded  by  Great  Britain  ? 

"  3.  Was  the  body  of  water  now  known  as  the  Bering's  Sea  included  in  the 
phrase  Pacific  Ocean,  as  used  in  the  treaty  of  1825  between  Great  Britain  and 
Russia;  and  what  rights,  if  any,  in  the  Bering's  Sea  were  held  and  exclusively 
exercised  by  Russia  after  said  treaty  ? 

"4.  Did  not  all  the  rights  of  Russia  as  to  jurisdiction  and  as  to  the  seal  fish- 
eries in  Bering's  Sea  east  of  the  water  boundary,  in  the  treaty  between  the  United 
States  and  Russia  of  the  30th  of  March,  1867,  pass  unimpaired  to  the  United 
States  under  that  treaty? 

"  5.  Has  the  United  States  any  right,  and  it  so,  what  right,  of  protection  or 
property  in  the  fur-seals  frequenting  the  islands  of  the  United  States  in  Bering 
Sea  when  such  seals  are  found  outside  the  ordinary  three-mile  limit?" 

And  whereas  by  Article  VII  of  the  said  treaty  it  was  further  agreed,  as  follows 

"If  the  determination  of  the  foregoing  questions  as  to  the  exclusive  jurisdic- 
tion of  the  United  States  shall  leave  the  subject  in  such  position  that  the  con- 
currence of  Great  Britain  is  necessary  to  the  establishment  of  regulations  for 
the  proper  protection  and  preservation  of  the  fur  seal  in,  or  habitually  resorting 
to,  the  Bering  Sea,  the  arbitrators  shall  then  determine  what  concurrent  regula- 
tions, outside  the  jurisdictional  limits  of  the  respective  Governments,  are  neces- 
sary, and  over  what  waters  such  regulations  should  extend ; 

"  The  High  Contracting  Parties  furthermore  agree  to  cooperate  in  securing 
the  adhesion  of  other  powers  to  such  regulations;" 

And  whereas,  by  Article  VIII  of  the  said  treaty,  after  reciting  that  the  High 
Contracting  parties  had  found  themselves  unable  to  agree  upon  a  reference  which 
should  include  the  question  of  the  liability  of  each  tor  the  injuries  alleged  to  have 
been  sustained  by  the  other,  or  by  its  citizens,  in  connection  with  the  claims 
presented  and  urged  by  it,  and  that   "  they  were  solicitous  that  this  subordinate 


6o  ALASKA. 

question  should  not  interrupt  or  longer  delay  the  submission  and  determination 
of  the  main  questions",  the  High  Contracting  Parties  agreed  that  "either  of 
them  might  submit  to  the  arbitrators  any  question  of  fact  involved  in  said  claims 
and  ask  for  a  finding  thereon,  the  question  of  the  liability  of  either  Government 
upon  the  facts  found,  to  be  the  subject  of  further  negociation ;  " 

And  whereas,  the  President  of  the  United  States  of  America  named  the 
Honourable  John  M.  Harlan,  justice  of  the  Supreme  Court  of  the  United 
States,  and  the  Honourable  John  T.  Morgan,  Senator  of  the  United  States,  to 
be  two  of  the  said  arbitrators,  and  Her  Britannic  Majesty  nam.  '  the  Right 
Honourable  Lord  Hannen  and  the  Honourable  Sir  John  Thompson,  Minister 
of  Justice  and  Attorney  General  for  Canada,  to  be  two  of  the  said  arbitrators, 
and  His  Excellency  the  President  of  the  French  Republic  named  the  Baron  de 
Courcel,  Senator,  Ambassador  of  France,  to  be  one  of  the  said  arbitrators,  and 
His  Majesty  the  King  of  Italy  named  the  Marquis  Emilio  Visconti  Venosta, 
former  Minister  of  Foreign  Affairs  and  Senator  of  the  Kingdom  of  Italy, 
to  be  one  of  the  said  arbitrators,  and  His  Majesty  the  King  of  Sweden  and 
Norway  named  Mr.  Gregers  Gram,  Minister  of  State,  to  be  one  of  the  said 
arbitrators; 

And  whereas  we,  the  said  arbitrators,  so  named  and  appointed,  having  taker 
upon  ourselves  the  burden  of  the  said  arbitration,  and  having  duly  met  ai 
Paris,  proceeded  impartially  and  carefully  to  examine  and  decide  all  the  ques- 
tions submitted  to  us,  the  said  arbitrators,  under  the  said  treaty,  or  laid  before 
us  as  provided  in  the  said  treaty  on  the  part  of  the  Governments  of  Her  Bri- 
tannic Majesty  and  the  United  States,  respectively; 

Now  we,  the  said  arbitrators,  having  impartially  and  carefully  examined  the 
said  questions,  do  in  like  manner  by  this  our  award  decide  and  determine  the 
said  questions  in  manner  following;  that  is  to  say,  we  decide  and  determine  as 
to' the  five  points  mentioned  in  Article  VI  as  to  which  our  award  is  to  embrace 
a  distinct  decision  upon  each  of  them  : 

As  to  the  first  of  the  said  five  points,  we,  the  said  Baron  de  Courcel,  Mr. 
Justice  Harlan,  Lord  Hannen,  Sir  John  Thompson,  Marquis  Visconti  Venosta, 
and  Mr.  Gregers  Gram,  being  a  majority  of  the  said  arbitrators,  do  decide  and 
determine  as  follows: 

By  the  ukase  of  1821,  Russia  claimed  jurisdiction  in  the  sea  now  known  as 
the  Bering's  Sea,  to  the  extent  of  100  Italian  miles  from  the  coasts  and  islands 
belonging  to  her,  but  in  the  course  of  the  negociations  which  led  to  the  conclu- 
sion of  the  treaties  of  1824  with  the  United  States  and  of  1825  with  Great 
Britain,  Russia  admitted  that  her  jurisdiction  in  the  said  sea  should  be  restricted 
to  the  reach  of  cannon  shot  from  shore,  and  it  appears  that,  from  that  time  up 


ALASKA.  61 

to  the  time  of  cession  of  Alaska  co  the  United  States,  Russia  never  asserted 
in  fact  or  exercised  any  exclusive  jurisdiction  in  Bering's  Sea  or  any  exclusive 
rights  in  the  seal  fisheries  therein  beyond  the  ordinary  limit  of  territorial  waters. 

As  to  the  second  of  the  said  five  points,  we,  the  said  Baron  de  Courcel,  Mr. 
Justice  Harlan,  Lord  Hannen,  Sir  John  Thompson,  Marquis  Visconti  Venosta, 
and  Mr.  Gregers  Gram,  being  a  majority  of  the  said  arbitrators,  do  decide  and 
determine  that  Great  Britain  did  not  recognize  or  concede  any  claim,  upon  the 
part  of  Russia,  to  exclusive  jurisdiction  as  to  the  seal  fisheries  in  Bering  Sea, 
outside  of  ordinary  territorial  waters. 

As  to  the  third  ot  the  said  five  points,  as  to  so  much  thereof  as  requires  us 
to  decide  whether  the  body  of  water  now  known  as  the  Bering  Sea  was  included 
in  the  phrase  "Pacific  Ocean"  as  used  in  the  treaty  of  1825  between  Great 
Britain  and  Russia,  we,  the  said  arbitrators,  do  unanimously  decide  and  deter- 
mine that  the  body  of  water  now  known  as  the  Bering  Sea  was  included  in  the 
phrase  "  Pacific  Ocean  "  as  used  in  the  said  treaty. 

And  as  to  so  much  ot  the  said  third  point  as  requires  us  to  decide  what 
rights,  if  any,  in  the  Bering  Sea  were  held  and  exclusively  exercised  by  Russia 
after  the  said  treaty  of  1825,  we,  the  said  Baron  de  Courcel,  Mr.  Justice  Har- 
lan, Lord  Hannen,  Sir  John  Thompson,  Marquis  Visconti  Venosta,  and  Mr. 
Gregers  Gram,  being  a  majority  of  the  said  arbitrators,  do  decide  and  deter- 
mine that  no  exclusive  rights  of  jurisdiction  in  Bering  Sea,  and  no  exclusive 
rights  as  to  the  seal  fisheries  therein,  were  held  or  exercised  by  Russia  outside 
of  ordinary  territorial  waters  after  the  treaty  of  1825. 

As  to  the  fourth  of  the  said  five  points,  we,  the  said  arbitrators,  do  unani- 
mously decide  and  determine  that  all  the  rights  of  Russia  as  to  jurisdiction  and 
as  to  the  seal  fisheries  in  Bering  Sea,  east  of  the  water  boundary,  in  the  treaty 
between  the  United  States  and  Russia  of  the  30th  March,  1867,  did  pass  unim- 
paired to  the  United  States  under  the  said  treaty. 

As  to  the  fifth  of  the  said  five  points,  we,  the  said  Baron  dc  Courcel,  Lord 
Hannen,  Sir  John  Thompson,  Marquis  Visconti  Venosta,  and  NL  Gregers 
Gram  being  a  majority  of  the  said  arbitrators,  do  decide  and  determine  that 
the  United  States  has  not  any  right  of  protection  or  property  in  the  fur  seals 
frequenting  the  islands  of  the  United  States  in  Bering  Sea,  when  such  seals  are 
found  outside  the  ordinary  three-mile  limit. 

And  whereas  the  aforesaid  determination  of  the  foregoing  questions  as  to  the 
exclusive  jurisdiction  of  the  United  States  mentioned  in  Article  VI  leaves  the 
subject  in  such  a  position  that  the  concurrence  of  Great  Britain  is  necessary  to 
the  establishment  of  regulations  for  the  proper  protection  and  preservation  of 
the  fur  seal  in   or  habitually  resorting  to  the   Bering  Sea,  the   tribunal  having 


62  ALASKA. 

decided  by  a  majority  as  to  eacli  article  of  the  following  regulations,  we,  the 
said  Baron  De  Courcel,  Lord  Hannen,  Marquis  Visconti  Venosta,  and  Mr. 
Gregers  Gram,  assenting  to  the  whole  of  the  nine  articles  of  the  following 
regulations,  and  being  a  majority  of  the  said  arbitrators,  do  decide  and  deter- 
mine in  the  mode  provided  by  the  treaty,  that  the  following  concurrent  regulations 
outside  the  jurisciictional  limits  of  the  respective  Governments  are  necessary  and 
that  thev  should  extend   over  the  waters  hereinafter  mentioned,  that  is  to  say: 

Article  I. 

The  Governments  of  the  United  States  and  of  Great  Britain  shall  forbid 
their  citizens  and  subjects,  respectively,  to  kill,  capture,  or  pursue  at  any  time 
and  in  any  manner  whatever,  the  animals  commonly  called  tur  seals,  within  a 
zone  of  sixty  miles  around  the  Pribilof  Islands,  inclusive  of  the  territorial  waters. 

The  miles  mentioned  in  the  preceding  paragraph  are  geographical  miles,  ot 
sixty  to  a  degree  of  latitude. 

Article   2. 

The  two  Governments  shall  forbid  their  citizens  and  subjects,  respectively,  to 
kill,  capture,  or  pursue,  in  any  manner  whatever,  during  the  season  extending 
each  year  from  the  1st  of  May  to  the  31st  of  July,  both  inclusive,  the  fur  seals 
on  the  high  sea,  in  the  part  of  the  Pacific  Ocean,  inclusive  of  the  Bering  Sea, 
which  is  situated  to  the  north  of  the  thirty-fifth  degree  of  north  latitude  and 
eastward  of  the  one  hundred  and  eightieth  degree  ot  longitude  from  Greenwich 
till  it  strikes  the  water  boundary  described  in  article  1  of  the  treaty  of  1867 
between  the  United  States  and  Russia,  and  following  that  line  up  to  Bering  Straits. 

Article   3. 

During  the  period  of  time  and  in  the  waters  in  which  the  fur-seal  fishing  is 
allowed,  only  sailing  vessels  shall  be  permitted  to  carry  on  or  take  part  in  tur- 
seal  fishing  operations.  They  will,  however,  be  at  liberty  to  avail  themselves 
of  the  use  of  such  canoes  or  undecked  boats,  propelled  by  paddles,  oars,  or  sails, 
as  are  in  common  use  as  fishing  boats. 

Article  4. 

Each  sailing  vessel  authorised  to  fish  for  tur  seals  must  be  provided  with  a 
special  license  issued  for  that  purpose  by  its  Government  and  shall  be  required 
to  carry  a  distinguishing  flag  to  be  prescribed  by  its  Government. 


ALASKA.  63 

Article   5. 

The  masters  of  the  vessels  engaged  in  tur-seal  fishing  shall  enter  accurately 
in  their  official  log  book  the  date  and  place  of  each  fur-seal  fishing  operation, 
and  also  the  number  and  sex  of  the  seals  captured  upon  each  day.  These 
entries  shall  be  communicated  by  each  of  the  two  Governments  to  the  other  at 
the  end  of  each  fishing  season. 

Article   6. 

The  use  of  nets,  fire  arms,  and  explosives  shall  be  forbidden  in  the  fur-seal 
fishing.  This  restriction  shall  not  apply  to  shotguns  when  such  fishing  takes 
place  outside  of  Bering  Sea,  during  the  season  when  it  may  be  lawfullv  carried  on. 

Article   7. 

The  two  Governments  shall  take  measures  to  control  the  fitness  of  the  men 
authorized  to  engage  in  fur-seal  fishing;  these  men  shall  have  been  proved  fit  to 
handle  with  sufficient  skill  the  weapons  by  means  of  which  this  fishing  may  be 
carried  on. 

Article   8. 

The  regulations  contained  in  the  preceding  articles  shall  not  apply  to  Indians 
dwelling  on  the  coasts  of  the  territory  of  the  United  States  or  of  Great  Britain 
and  carrying  on  fur-seal  fishing  in  canoes  or  undecked  boats  not  transported  by 
or  used  in  connection  with  other  vessels  and  propelled  wholly  by  paddles,  oars, 
or  sails  and  manned  by  not  more  than  five  persons  each  in  the  way  hitherto 
practised  by  the  Indians,  provided  such  Indians  are  not  in  the  employment  of 
other  persons,  and  provided  that,  when  so  hunting  in  canoes  or  undecked  boats, 
they  shall  not  hunt  fur  seals  outside  of  territorial  waters  under  contract  for  the 
delivery  of  the-skins  to  any  person. 

This  exemption  shall  not  be  construed  to  affect  the  municipal  law  of  either 
county,  nor  shall  it  extend  to  the  waters  of  Bering  Sea  or  the  waters  of  the 
Aleutian  Passes. 

Nothing  herein  contained  is  intended  to  interfere  with  the  emplovment  of 
Indians  as  hunters  or  otherwise  in  connection  with  fur-sealing  vessels  as 
heretofore. 

Article  9. 

The  concurrent  regulations  hereby  determined  with  a  view  to  the  protection 
and  preservation  of  the  fur  seals  shall  remain  in  force  until  they  have  been,  in 
whole  or  in  part,  abolished  or  modified  bv  common  agreement  between  the 
Governments  of  the  United  States  and  of  Great  Britain. 


64  ALASKA. 

The  said  concurrent  regulations  shall  be  submitted  every  five  years  to  a  new 
examination,  so  as  to  enable  both  interested  Governments  to  consider  whether, 
in  the  light  of  past  experience,  there  is  occasion  for  any  modification  thereof 

And  whereas  the  Government  of  Her  Britannic  Majesty  did  submit  to  the 
Tribunal  of  Arbitration  by  Article  VIII  of  the  said  treaty  certain  questions  of 
fact  involved  in  the  claims  referred  to  in  the  said  Article  VIII,  and  did  also 
submit  to  us,  the  said  tribunal,  a  statement  of  the  said  facts,  as  follows,  that 
is  to  say: 

"  Findings  of  fact  proposed  by  the  Agent  of  Great  Britain  and  agreed  to  as 
proved  by  the  Agent  for  the  United  States,  and  submitted  to  the  Tribunal  of 
Arbitration  for  its  consideration. 

"  1.  That  the  several  searches  and  seizures,  whether  of  ships  or  goods,  and 
the  several  arrests  of  masters  and  crews,  respectively  mentioned  in  the  Schedule 
to  the  British  Case,  pages  1  to  60,  inclusive,  were  made  by  the  authority  of  the 
United  States  Government.  The  questions  as  to  the  value  of  the  said  vessels 
or  their  contents,  or  either  of  them,  and  the  question  as  to  whether  the  vessels 
mentioned  in  the  Schedule  to  the  British  Case,  or  any  of  them,  were  wholly  or 
in  part  the  actual  property  of  citizens  of  the  United  States,  have  been  with- 
drawn from  and  have  not  been  considered  by  the  tribunal,  it  being  understood 
that  it  is  open  to  the  United  States  to  raise  these  questions,  or  any  of  them,  if 
they  think  fit,  in  any  future  negotiations  as  to  the  liability  of  the  United  States 
Government  to  pay  the  amounts  mentioned  in  the  Schedule  to  the  British  Case; 

"2.  That  the  seizures  aforesaid,  with  the  exception  of  the  "Pathfinder" 
seized  at  Neah  Bay,  were  made  in  Bering  Sea  at  the  distances  from  shore  men- 
tioned in  the  Schedule  annexed  hereto  marked  C; 

"  3.  That  the  said  several  searches  and  seizures  of  vessels  were  made  by 
public  armed  vessels  of  the  United  States,  the  commanders  of  which  had,  at 
the  several  times  when  they  were  made,  from  the  Executive  Department  of  the 
Government  of  the  United  States,  instructions,  a  copy  of  one  of  which  is 
annexed  hereto,  marked  A,  and  that  the  others  were,  in  all  substantial  respects, 
the  same;  that  in  all  the  instances  in  which  proceedings  were  had  in  the  district 
courts  of  the  United  States  resulting  in  condemnation,  such  proceedings  were 
begun  by  the  filing  of  libels,  a  copy  of  one  of  which  is  annexed  hereto,  marked 
B,  and  that  the  libels  in  the  other  proceedings  were  in  all  substantial  respects 
the  same;  that  the  alleged  acts  or  offences  for  which  said  several  searches  and 
seizures  were  made  were  in  each  case  done  or  committed  in  Bering,  Sea  at  the 
distances  from  shore  aforesaid;  and  that  in  each  case  in  which  sentence  of  con- 
demnation was  passed,  except  in  those  cases  when  the  vessels  were  released  after 


ALASKA.  65 

condemnation,  the  seizure  was  adopted  by  the  Government  of  the  United 
States,  and  in  those  cases  in  which  the  vessels  were  released  the  seizure  was 
made  by  the  authoritv  ot  the  United  States  ;  that  the  said  Hnes  and  imprison- 
ments were  for  alleged  breaches  of  the  municipal  laws  of  the  United  States, 
which  alleged  breaches  were  wholly  committed  in  Bering  Sea  at  the  distances 
from  the  shore  aforesaid  ; 

"4.  Tliat  the  several  orders  mentioned  in  the  Schedule  annexed  hereto  and 
marked  C,  warning  vessels  to  leave  or  not  to  enter  Bering  Sea,  were  made  by 
public  armed  vessels  of  the  United  States  the  commanders  of  which  had,  at  the 
several  times  when  they  were  given,  like  instructions  as  mentioned  in  finding  3, 
and  that  the  vessels  so  warned  were  engaged  in  sealing  or  prosecuting  voyages 
for  that  purpose,  and  that  such  action  was  adopted  by  the  Government  of  the 
United  States ; 

"  5.  That  the  district  courts  ot  the  United  States  in  which  anv  proceedings 
were  had  or  taken  for  the  purpose  of  condemning  any  vessel  seized  as  mentioned 
in  the  Schedule  to  the  Case  of  Great  Britain,  pages  1  to  60,  inclusive,  had  all 
the  jurisdiction  and  powers  ot  courts  of  admiralty,  including  the  prize  jurisdic- 
tion, but  that  in  each  case  the  sentence  pronounced  by  the  court  was  based 
upon  the  grounds  set  forth  in  the  libel. 

"Annex   A. 

"Treasury  Department,    Office  of  the  Secretary, 

"  IJ'^uhington,  April  2/,  18S6. 

"Sir:  Referring  to  Department  letter  ot  this  date,  directing  you  to  proceed 
with  the  revenue  steamer  Bear,  under  your  command,  to  the  seal  islands,  etc., 
you  are  hereby  clothed  with  full  power  to  entorce  the  law  contained  in  the  pro- 
visions of  section  1956  of  the  United  States  Revised  Statutes,  and  directed  to 
seize  all  vessels  and  arrest  and  deliver  to  the  proper  authorities  any  or  all  per- 
sons whom  vou  may  detect  violating  the  law  referred  to,  after  due  notice  shall 
have  been  given. 

"You  will  also  seize  any  liquors  or  firearms  attempted  to  be  introduced  into 
the  country  without  proper  permit,  under  the  provisions  of  section  19155  of  the 
Revised  Statutes,  and  the  proclamation  of  the  President  dated  4th  February,  1870. 

"  Respectfully,  yours, 

"  Signed  :    C.  S.  Fairchild, 

"Acting  SdcrL'tcirY. 
"  Captain  M.  A.  Healy, 

Commanding  revenue  steamer  Bear,  San  Francisco,  Calijorma. 
Xo.  86 5 


66  ALASKA. 

"  xAnnex    B. 

"  ///.  the.  district  court  of  tlu;  United  States  for  the  District  of  Alaska. 

"August  special  term,  1886. 

"  To  the  Honourable  Lafayette  Dawson, 

Judge  of  said  District  Court: 

"  The  libel  of  information  of  M.  D.  Ball,  attorney  for  the  United  States  for  the 
District  of  Alaska,  who  prosecutes  on  behalf  of  said  United  States,  and  being 
present  here  in  court  in  his  proper  person,  in  the  name  and  on  behalf  of  the  said 
United  States,  against  the  schooner  Thornton,  her  tackle,  apparel,  boats,  cargo, 
and  furniture,  and  against  all  persons  intervening  for  their  interest  therein,  in  a 
cause  of  forfeiture,  alleges  and  informs  as  follows : 

"That  Charles  A.  Abbev,  an  officer  in  the  Revenue-Marine  Service  of  the 
United  States,  and  on  special  duty  in  the  waters  of  the  district  of  Alaska,  here- 
tofore, to  wit,  on  the  1st  day  of  August,  1886,  within  the  limits  of  Alaska  Ter- 
ritory, and  in  the  waters  thereof,  and  within  the  civil  and  judicial  district  of 
Alaska,  to  wit,  within  the  waters  of  that  portion  of  Bering  Sea  belonging  to  the 
said  district,  on  waters  navigable  from  the  sea  by  vessels  of  10  or  more  tons  bur- 
den, seized  the  ship  or  vessel  commonly  called  a  schooner,  the  Thornton,  her 
tackle,  apparel,  boats,  cargo,  and  furniture,  being  the  property  of  some  person 
or  persons  to  the  said  attorney  unknown,  as  forfeited  to  the  United  States,  for 
the  following  causes: 

"That  the  said  vessel  or  schooner  was  found  engaged  in  killing  fur  seal  within 
the  limits  of  Alaska  Territory,  and  in  the  waters  thereof,  in  violation  of  section 
1956  of  the  Revised  Statutes  of  the  United  States. 

"x'\nd  the  said  attorney  saith  that  all  and  singular  the  premises  are  and  were 
true,  and  within  the  admiralty  and  maritime  jurisdiction  of  this  court,  and  that 
by  reason  thereof,  and  by  force  of  the  statutes  of  the  United  States  in  such  cases 
made  and  provided,  the  aforementioned  and  described  schooner  or  vessel,  being  a 
vessel  of  over  20  tons  burden,  her  tackle,  apparel,  boats,  cargo,  and  furniture 
became  and  are  forfeited  to  the  use  of  the  said  United  States,  and  that  said 
schooner  is  now  within  the  district  aforesaid. 

"  Wherefore  the  said  attorney  prays  the  usual  process  and  monition  of  this 
honourable  court  issue  in  this  behalf,  and  that  all  persons  interested  in  the  before- 
mentioned  and  described  schooner  or  vessel  may  be  cited  in  general  and  special 
to  answer  the  premises,  and  all  due  proceedings  being  had,  that  the  said  schooner 
or  vessel,  her  tackle,  apparel,  boats,  cargo,  and  furniture  may,  for  the  cause 
aforesaid,  and   others   appearing,   be   condemned  by   the   definite   sentence  and 


ALASKA. 


67 


decree  of  this  honourable  court,  as  forfeited  to  the  use  of  the  said  United  States, 
according  to  the  form  of  the  statute  of  the  said  United  States  in  such  cases 
made  and  provided. 

"Signed:    M.    D.    Ball, 
"  United  States  District  Attorney  for  the  District  of  Alaska. 

Annex  C. 

"The  following  table  shows  the  names  ot  the  British  sealing  vessels  seized  or 
warned  by  United  States  revenue  cruizers  1886-1890,  and  the  approximate 
distance  from  land  when  seized.  The  distances  assigned  in  the  cases  of  the 
Carolena,  Thornton,  and  Onward  are  on  the  authority  of  U.  S.  Naval  Com- 
mander Abbey  (see  Fiftieth  Congress,  second  session,  Senate  Executive  Docu- 
ment No.  106,  pp.  20,  30,  40).  The  distances  assigned  in  the  cases  of  the 
Anna  Beck,  W.  P.  Sayzuard,  Dolphin,  and  Grace  are  on  the  authority  of  Cap- 
tain Shepard,  U.  S.  R.  M.  (Blue  Book,  United  States,  No.  2,  1890,  pp.  80-82; 
see  Appendix,  Vol.  III)." 


Name  of  vessel. 


Carolena  . 
Thornton  . 
Onward  .  . 
Favourite. 


Anna  Beck  . .  .  . 
W.  P.  Sayward. 

Dolphin 

Grace 

Alfred  Adams. . 

Ada 

Triumph 


Black  Diamond 

Lily 

Ariel 


Kate  ...  . 
Minnie  . .  . 
Pathfinder 


Date  of  seizure. 


Aug.    I,  1886 

do 

Aug.    2,  1886 
.    ..do  


Julv  2,  1887 
"tul'v  9,1887 
"julV    12,  1887 

July  17,  1887 
Aug.  10,  1887 
Aug.  25,  1887 
Aug.  4,  1887 


luanita July  31,  1889 

"Pathfinder July  29,  1889 

Triumph July  11,  1889 


...do  

Aug.  6,  1889 
July  30,  1889 

Aug.  13,  1889 
July  15,  1889 
iVIar.  27,  1890 


Approximate  distance  from  land 
when  seized. 


75  miles    , 

70  miles , 

IT5  miles , 

Warned    by    Corwin    in    about 

same  position  as  Onward. 

66  miles 

59  miles 

40  miles 

96  miles 

62  miles 

15  miles 

Warned  by  Rush  not  to  enter 

Bering  Sea. 

66  miles    

50  miles 

Ordered  out  of  Bering  Sea  by 

Rush.    (?)  As  to  position  when 

warned. 

35  miles 

66  miles 

Ordered  out  of  Bering  Sea  bv 

Rush. 

do 

65  miles 

Seized  in  Neah  Bava 


United  States 

ve.ssel  making 

seizure. 


Corwin. 
Corwin. 
Corwin. 


Rush. 
Rush. 
Rush. 
Rush. 
Rush. 
Bear. 


Rush. 
Rush. 


Rush. 
Rush. 


Rush. 
Corwin. 


a  Neah   Bay  is  in  the  State  of  Washington,  and  the  Pathfindey  was  seized  there   on   charges 
made  against  her  iu  the  Bering  Sea  in  the  previous  year.    She  was  released  two  days  later. 


68  ALASKA. 

And  whereas  the  Government  of  Her  Britannic  Majesty  did  ask  the  said 
arbitrators  to  find  the  said  facts  as  set  forth  in  the  said  statement,  and  whereas 
the  agent  and  counsel  tor  the  United  States  Government  thereupon  in  our 
presence  informed  us  that  the  said  statement  of  facts  was  sustained  by  the 
evidence,  and  that  they  had  agreed  with  the  agent  and  counsel  for  Her  Britannic 
Majesty  that  we,  the  arbitrators,  if  we  should  think  fit  so  to  do,  might  find  the 
said  statement  of  facts  to  be  true. 

Now,  we,  the  said  arbitrators,  do  unanimously  find  the  facts  as  set  forth  in 
the  said  statement  to  be  true. 

And  whereas  each  and  everv  question  which  has  been  considered  by  the  tri- 
bunal has  been  determined  by  a  majority  of  all  the  arbitrators; 

Now,  we.  Baron  de  Courcel,  Lord  Hannen,  Mr.  Justice  Harlan,  Sir  John 
Thompson,  Senator  Morgan,  the  Marquis  Visconti  Venosta,  and  Mr.  Gregers 
Gram,  the  respective  minorities  not  withdrawing  their  votes,  do  declare  this  to 
be  the  final  decision  and  award  in  writing  of  this  tribunal  in  accordance  with 
the  treaty. 

Made  in  duplicate  at  Paris  and  signed  by  us  the  fifteenth  dav  of  August,  in 
the  year  1893. 

And  we  do  certify  this  English  version  thereof  to  be  true  and  accurate. 

Alph.  de  Courcel. 
John  M.  Harlan. 
John  T.  Morgan. 
Hannen. 

Jno.  S.  D.  Thompson. 
Visconti  Venosta. 
G.  Gram. 

Since  1893,  efforts  have  been  made  by  the  United  States  tor 
the  further  prevention  of  pelagic  sealing  and  the  protection  of  the 
fur-seal  fisheries.  With  this  end  in  view,  Hon.  John  W.  Foster 
was  sent  as  agent  to  England  to  secure  the  adoption  of  a  modus 
Vivendi  prohibiting  all  sealing  until  a  final  disposition  of  the  ques- 
tion can  be  had  and  a  treaty  can  be  entered  into  establishing 
further  regulations  for  the  government  of  the  fisheries.  At  this 
writing,  no  otficial  data  of  the  results  of  this  mission  can  be  had, 
the  agent  not  having  as  yet  submitted  his  report. 

As  a  further  result  of  the  arbitration  of  1893,  '^  convention  was 
concluded  between  the  United  States  and  Great  Britain  February 


ALASKA. 


69 


8,  1896,  for  the  settlement  of  the  claims  of  British  subjects,  grow- 
ing out  of  the  seizures  of  British  vessels  in  Bering  Sea  from  1886 
to  1892,  which  provided  for  the  appointment  of  two  commission- 
ers, and  it  necessary,  an  umpire.  This  commission  was  to  sit  at 
\  ictoria,  British  Columbia,  and  San  Francisco,  Cal.  Sessions 
have  been  held  in  both  places,  but  as  yet,  the  results  of  their 
labors  have  not  been  made  public. 


SALMON,  COD,  HERRING,  ETC. 

In  his  report  for  the  hscal  year  1891,  Governor  Knapp,  of 
Alaska,  says: 

Among  the  resources  of  Alaska  are  the  products  of  the  sea.  The  native 
population  have  alvvavs  obtained  much  of  their  food  supply  from  the  waters, 
and  in  a  less  degree  their  clothing  and  manv  of  the  conveniences  of  life.  Their 
winter  supply  of  food  is  still  largely  made  up  of  dried  fish,  seaweed,  and  fish 
eggs,  while  fresh  fish  are  eaten  at  all  seasons  of  the  year,  not  only  by  the  natives, 
but  by  all  classes  of  people,  and  the  abundance  of  this  product  insures  the  most 
thriftless  with  a  ready  means  of  subsistence. 

Salmon  fishing  is  by  far  the  largest  and  most  important  industry.  Thirty- 
seven  canneries  and  seven  or  more  salting  establishments  are  reported  as  in 
operation  in  1890.  The  aggregate  pack  of  the  canneries  was  688,332  cases  of 
4  dozen  i-pound  cans,  falling  a  little  short  of  the  pack  of  1889.  The  amount 
of  salted  salmon  was  about  7,300  barrels,  a  little  more  than  the  year  previous. 
These  salmon  fisheries  represent  a  capital  of  about  ^4,250,000,  and  they  give 
employment  to  about  2,000  white  laborers,  2,500  Chinamen,  and  1,000  natives, 
and  require  in  their  business,  for  transportation  and  their  work,  about  100  steam 
vessels  and  500  fishing  boats.  The  white  and  Chinese  laborers  do  not  usually 
remain  in  the  Territory  after  the  season  is  over.  Below  is  given  a  comparative 
statement  of  the  canned  product  since  1883,  viz: 


Year. 

Total  pack. 

Year. 

Total  pack. 

1883                            .             

Cases. 
36,  000 
45.  000 
74,  800 
120,  700 
190,  000 

18SS 

Cases. 

439. 293 
702,  993 
688, 332 

1884                              

18S9 

1885 

i8qo    

1886      . 

Total 

1887 

2.  297,  iiS 

70 


ALASKA. 


Allowing  the  average  value  of  salmon  during  these  years  to  have  been  $4.50 
per  case,  we  have  a  total  valuation  of  $10,337,03  1  for  this  one  export  since  the 
industry  took  this  form  in  Alaska.  Add  to  this  sum  the  value  of  the  salted 
salmon  exported,  and  the  amount  used  in  the  Territory,  if  that  were  possible, 
and  the  grand  total  would  surprise  those  who  have  not  given  the  subject  a  study. 

The  report  for  1895'  of  Mr.  Joseph  Murray,  special  agent  to 
inspect  the  fisheries  in  Alaska,  says  that  during  the  year,  nearly 
7,000,000  cases,  of  48  pounds  to  the  case,  were  packed,  and  the 
total  value  of  the  salmon  canned  was  over  $2,000,000. 

The  species  of  salmon  found  in  Alaska  in  quantities  sufficient 
to  constitute  an  economic  resource  are  the  red,  the  king,  the  silver, 
the  humpback,  the  dog,  the  steelhead,  and  the  Dolly  Varden  varie- 
ties. By  an  act  of  Congress,  approved  March  2,  1889,  the  erection 
of  dams,  barricades,  or  other  obstructions  in  Alaska  streams  to  pre- 
vent the  ascent  of  salmon  was  prohibited,  under  penalty  of  not  less 
than  $250  per  day.  A  letter  from  Secretary  Carlisle,  dated  Feb- 
ruary 19,  1896,  called  the  attention  of  Congress  to  the  fact  that 
the  law  tailed  to  meet  the  exigencies  of  the  situation.  On  June 
9,  1896,  the  following  act  was  approved: 

Be  H  enacted  by  the  Senate  and  House  of  Representatives  oj  the  United 
States  of  America  in  Congress  assembled,  That  the  Act  approved  March 
second,  eighteen  hundred  and  eighty-nine,  and  entitled  "An  Act  to  provide  for 
the  protection  of  the  salmon  fisheries  of  Alaska,"  is  hereby  amended  and  reen- 
acted  as  follows : 

"That  the  erection  of  dams,  barricades,  fish  wheels,  fences,  or  any  such  fixed 
or  stationary  obstructions  in  any  part  of  the  rivers  or  streams  of  Alaska,  or  to 
fish  for  or  catch  salmon  or  salmon  trout  in  any  manner  or  by  any  means  with 
the  purpose  or  result  of  preventing  or  impeding  the  ascent  of  salmon  to  their 
spawning  ground,  is  declared  to  be  unlawful,  and  the  Secretary  ©f  the  Treasury 
is  hereby  authorized  and  directed  to  remove  such  obstructions  and  to  establish 
and  enforce  such  regulations  and  surveillance  as  may  be  necessary  to  insure 
that  this  prohibition  and  all  other  provisions  of  law  relating  to  the  salmon 
fisheries  of  Alaska  are  strictly  complied  with. 

"Sec.  2.  That  it  shall  be  unlawful  to  fish,  catch,  or  kill  any  salmon  of  any 
variety,  except  with  rod  or  spear,  above  the  tide  waters  of  any  of  the  creeks 
or  rivers  of  less  than  five  hundred  feet  width  in  the  Territory  of  Alaska,  except 
only  for  purposes  of  propagation,  or  to  lay  or  set  any  drift  net,  set  net,  trap, 


ALASKA. 


71 


pound  net,  or  seine  for  any  purpose  across  the  tide  waters  of  any  river  or  stream 
for  a  distance  of  more  than  one-third  of  the  width  of  such  river,  stream,  or 
channel,  or  lay  or  set  any  seine  or  net  within  one  hundred  yards  of  any  other 
net  or  seine  which  is  being  laid  or  set  in  said  stream  or  channel,  or  to  take,  kill, 
or  fish  for  salmon  in  any  manner  or  by  any  means  in  any  of  the  waters  of  the 
Territory  of  Alaska,  either  in  the  streams  or  tide  waters,  except  Cook  Inlet, 
Prince  William  Sound,  Bering  Sea,  and  the  waters  tributary  thereto,  from  mid- 
night on  Friday  ot  each  week  until  six  o'clock  antemeridian  ot  the  Sunday  fol- 
lowing; or  to  fish  tor  or  catch  or  kill  in  any  manner  or  by  any  appliances, 
except  by  rod  or  spear,  any  salmon  in  any  stream  of  less  than  one  hundred 
yards  in  width  in  the  said  Territory  of  Alaska  between  the  hours  ot  six  o'clock 
in  the  evening  and  six  o'clock  in  the  morning  of  the  following  dav  of  each  and 
every  day  of  the  week. 

"Sec.  3.  That  the  Secretary  of  the  Treasury  may,  at  his  discretion,  set  aside 
any  streams  as  spawning  grounds,  in  which  no  fishing  will  be  permitted;  and 
when,  in  his  judgment,  the  results  of  fishing  operations  on  any  stream  indicate 
that  the  number  of  salmon  taken  is  larger  than  the  capacity  of  the  stream  to 
produce,  he  is  authorized  to  establish  weekly  close  seasons,  to  limit  the  dura- 
tion of  the  fishing  season,  or  to  prohibit  fishing  entirely  for  one  year  or  more, 
so  as  to  permit  salmon  to  increase  :  Provided,  however.  That  such  power  shall 
be  exercised  only  after  all  persons  interested  shall  have  been  given  a  hearing,  of 
which  hearing  due  notice  must  be  given  by  publication:  And  provided  Jurther, 
That  it  shall  have  been  ascertained  that  the  persons  engaged  in  catching  salmon 
do  not  maintain  fish  hatcheries  of  sufficient  magnitude  to  keep  such  streams 
fully  stocked. 

"Sec.  4.  That  to  enforce  the  provisions  of  law  herein,  and  such  regulations 
as  the  Secretary  of  the  Treasury  may  establish  in  pursuance  thereof,  he  is 
authorized  and  directed  to  appoint  one  inspector  of  fisheries,  at  a  salary  of  one 
thousand  eight  hundred  dollars  per  annum,  and  two  assistant  inspectors,  at 
a  salary  of  one  thousand  six  hundred  dollars  each  per  annum,  and  he  will 
annually  submit  to  Congress  estimates  to  cover  the  salaries  and  actual  traveling 
expenses  of  the  officers  hereby  authorized  and  for  such  other  expenditures  as 
may  be  necessary  to  carry  out  the  provisions  of  the  law  herein. 

"Sec.  5.  That  any  person  violating  the  provisions  of  this  Act  or  the  regula- 
tions established  in  pursuance  thereof  shall,  upon  conviction  thereof,  be  pun- 
ished by  a  fine  not  exceeding  one  thousand  dollars  or  imprisonment  at  hard 
labor  for  a  term  of  ninety  days,  or  both  such  fine  and  imprisonment,  at  the  dis- 
cretion of  the  court;  and,  further,  in  case  of  the  violation  of  any  of  the  provi- 
sions of  section  one  of  this  Act  and  conviction  thereof  a  further  fine  of  two 
hundred  and  fifty  dollars  per  diem  will  be  imposed  tor  each  day  that  the  obstruc- 
tion or  obstructions  therein  are  maintained." 


72 


ALASKA. 


The  report  of  the  commission  created  by  this  law  was  made  in 
November,  1896.  They  found  that  many  of  the  smaller  streams 
which  formerly  produced  red  salmon  had  been  reduced  to  such  a 
condition  as  to  render  their  use  unprofitable.  Under  the  new  hiw, 
the  inspection  would  be  more  thorough,  and  probably  more  effect- 
ive. The  report  said  that  the  pack  for  1896  exceeded  that  for 
1895,  amounting  to  96^,450  cases  and  9,314  barrels.  The  num- 
ber of  persons  employed  was  estimated  at  5,600,  and  about 
$130,000  had  been  paid  in  wages  by  the  packing  companies. 
There  are  two  hatcheries,  one  at  Karluk,  where  5, 500,000  eggs 
have  been  secured,  and  the  other  at  Etholine  Island,  with  a  prod- 
uct of  over  2,000,000  eggs. 

WHALES. 

"The  whaling  business,"  says  Mr.  Lyman  E.  Knapp,  Governor 
of  x^laska,  in  his  report  for  1892,  "  in  which  forty-eight  vessels  are 
engaged,  resulted  in  a  catch  for  1891  of  12,228  barrels  of  oil, 
186,250  pounds  of  bone,  and  1,000  pounds  of  ivory.  The  total 
value  was  $1,218,293.  Below  is  a  comparative  statement  of  the 
amount  of  oil,  bone,  and  ivory  taken  during  the  last  eighteen  years : 


1891. 
1890. 
18S9. 
1S88. 
18S7. 
18S6. 
1885. 
1884. 
1883. 
1882. 
1881. 


Bart-eh. 
12,228 
14, 890 
12,834 
15.774 
31.714 
37.  260 
24. S44 

20,  373 
12,300 

21,  100 
21,  SOO 

1880 !  23,  200 


1879. 
1878. 
1877. 
IS76. 
1875. 
1874. 


Total.  18  vears 


17,  400 
g,  000 

13, 900 
2,  800 

16, 300 

10,  000 

318,917 


Pounds. 

186,250 
231,  232 
231,981 

303.  587 
564,  802 

304.  530 
451.038 
295,  700 
160,  200 
316, 600 
354.  500 
339,  000 
127,  000 

73.  300 

139,  600 

8,800 

157,000 

86,  000 

4.931,950 


Ivorj'. 


Pounds. 
I,  000 
4,150 
I,  506 

1.  55<^ 
875 

2,  850 

6,  5'"'4 
5.421 

23,  100 
17,  Soo 
15.400 
15.300 
32,  900 
30, 000 
74, 000 

7,  000 
25,  400 

7,  000 

272, 4ro 


ALASKA.  73 

CODFISH. 

The  next  important  fishing  industry  in  Alaska  is  the  codfish 
business,  carried  on  by  two  San  Francisco  firms  at  the  Shumagin 
Ishmds,  and  in  the  Bering  Sea.  The  catch  of  1890  amounted  to 
a  total  of  1,138,000  fish,  of  the  value  of  $569,000.  Since  the 
beginning  ot  the  codfishing  business  in  this  Territory  in  1865, 
the  total  number  of  fish  taken  is  25,723,300,  of  the  value  of 
$12,861,650.  The  first  four  years,  the  business  did  not  come  near 
to  its  present  proportions. 

A  hasty  survey  has  given  an  idea  of  the  extent  of  the  banks, 
but  there  is  much  yet  to  be  done  to  properly  define  their  limits 
and  determine  their  character.  Portlock  Bank,  extending  north- 
easterly from  Kadiak,  has  an  immense  area;  Shumagin  Bank, 
south  ot  the  .Shumagin  group  ot  islands,  has  an  area  of  about 
4,400  square  miles;  Albatross  Bank,  off  the  southeastern  side  of 
Kadiak,  has  an  area  of  2,900  square  miles;  Slime  Bank,  north 
of  Unimak  Island,  in  Bering  Sea,  covers  an  area  ot  1,445  square 
miles,  embracing  depths  trom  20  to  50  fathoms;  Baird  Bank 
stretches  along  the  north  coast  ot  Alaska  Peninsula  230  miles, 
with  an  average  width  ot  40  miles,  covering  an  area  of  9,200 
square  miles.  The  depths  range  trom  15  to  50  fathoms,  with  a 
bottom  ot  fine  gray  sand. 

HERRING. 

The  business  of  the  Alaska  Oil  and  Guano  Company,  at  Kil- 
lisnoo,  Carl  .Spuhn,  president  and  manager,  gives  employment  to 
45  white  men,  50  Indians,  and  a  tew  Chinamen.  Their  principal 
business  is  fishing  and  the  manufacture  ot  oil  antl  fish  tertiUzer, 
though  they  also  have  a  trading  post.  Their  capital  stock  is 
$75,000.  They  have  a  fishing  fleet  of  3  steamers,  4  scows,  and 
2  small  boats.  The  product  ot  their  fictory  in  1891  was  larger 
than  in  1 890,  being  300,000  gallons  ot  oil  instead  ot  157,000 
reported  the  previous  year.  They  also  put  up  700  barrels  of  salt 
salmon  and  manufactured  800  tons  of  guano.  The  value  of  the 
product  was  not  less  than  $1 14,000.  The  oil  is  worth  about  30 
cents  per  gallon  and  the  guano  about  $30  per  ton. 


74  ALASKA. 

The  fish  used  for  the  manufacture  of  oil  is  the  herring,  which  is 
very  abundant,  very  rich  in  oil,  and  finely  flavored.  It  is  much 
used  as  a  food-fish  and  also  as  bait  in  taking  halibut  and  other 
large  fish.  It  is  caught  by  the  natives  for  their  own  use  with  a 
stick,  toward  the  end  oi  which  are  inserted  several  sharpened 
spikes.  They  dip  the  stick  in  the  water,  catch  one  or  more  herring, 
and  with  one  motion  land  the  fish  in  the  canoe,  and  thrust  the 
stick  in  the  water  again.  In  this  way,  they  take  immense  quanti- 
ties in  a  short  time.  These  fish  appear  in  the  still  waters  of  bays 
and  inlets  by  the  million,  at  different  places,  and  at  different  seasons 
of  the  year,  from  August  to  February. 

OTHER  FISH. 

Halibut  aboimds  throughout  central,  southern,  and  western 
Alaska,  and  can  be  taken  at  any  time  during  the  year.  They  vary 
in  siy.e  from  15  to  250  pounds  each;  those  weighing  from  50  to 

75  pounds  being  preferred.  It  is  not  uncommon,  says  Governor 
Knapp,  of  Alaska,  for  Sitka  Indians  to  visit  .Silver  Bay  or  the 
vicinity  of  Mount  Edgecombe  and  return  the  following  day  with 
nearly  a  ton  of  these  fish.  Whitefish,  losh,  and  graylings  are  found 
in  large  quantities  in  the  Yukon,  and  afford  more  food  for  the  natives 
than  the  salmon.  Black  bass  are  abundant  in  southeastern 
Alaska,  and  trout  and  pike  inhabit  almost  all  the  rivers. 

The  following  tables,  showing  the  extent  of  the  fisheries  of  the 
Territory,  are  taken  from  the  report  of  the  United  States  Com- 
missioner of  Fish  and  l^isheries,  tor  1893: 


Vessels  and  outfit. 

Boats 

Apparatus : 

Seines  

Gill  nets 

Pound  nets. .  . 

Lines 

Guns 

Shore  property  .  . . 
Cash  capital 

Total 


Value. 

$494.  400 

63.575 

27,  025 

28, 750 

13,  200 

4.050 

503 

720, 650 

1, 257,500 


2,  609,  650 


IX 

Mineral  Resources — The  Klondike  Gold  Region. 

Gold,  silver,  copper,  lead,  and  iron  are  found  in  Alaska.  Mr. 
Wilson  says  (Guide  to  the  Yukon  Gold  Fields)  that  ever  since 
the  Territory  was  discovered,  the  Indians  have  shown  much  native 
copper,  and  mountains  of  the  ore  are  said  to  exist  in  the  Copper 
River  region.  This  section  is  so  little  known,  however,  that 
much  time  must  elapse  before  it  will  become  accessible.  Large 
beds  of  iron  and  coal  are  known  to  exist  in  many  parts  of"  Alaska, 
especially  in  the  Yukon. 

Prof.  J.  Edward  Spurr,  of  the  United  States  Geological  Sur- 
vey, says  that  all  gold  in  Alaska  is  alloyed  with  a  small  amount 
of  silver;  and  pure  native  silver  is  frequently  found.  The  pro- 
duction of  silver  in  1896  was  valued  at  $45,798.  There  was  a 
good  yield  of  platinum  in  the  Yukon  district. 

Governor  Knapp  of  Alaska,  in  his  report  for  1892,  says  that 
mining  districts  had  been  organized  in  the  vicinity  of  Sitka,  on 
Douglas  Island,  on  Cook  Inlet  (where  $120,000  worth  of  gold  was 
produced  in  1896),  on  Portage  Bay,  on  Kadiak  Island,  and  in  the 
Yukon  Valley.  The  Treadwell  Mining  Company,  on  Douglas 
Island,  has  a  very  large  quartz  mill  with  240  stamps.  The  vein 
is  400  feet  in  width,  carrying  free  gold  and  auriferous  pyrites,  and 
outcrops  on  a  steep  hillside.  The  ore  is  of  such  very  low  grade 
that  were  it  not  for  the  peculiarly  advantageous  situation  of  the 
mine,  which  reduces  cost  to  a  minimum,  it  could  hardly  be  worked 
at  a  profit.     The  report  of  Governor  Sheakley  for  1894  says  that 

75 


76  ALASKA. 

during  the  year  240,000  tons  of  ore  were  treated,  yielding  $768,000, 
or  $3.20  per  ton.  The  quantity  of  ore,  he  adds,  appears  to  be 
inexhaustible.  The  cost  of  mining  and  milling  was  $1.35  per 
ton;  net  profit  $444,000.  A  Mexican  mine  on  the  adjoining 
claim  runs  60  stamps  with  about  the  same  results. 

In  a  report  made  by  Professor  Spurr  to  the  Lhiited  States 
Geological  Survey,  1897,  the  statement  is  made  that  the  first  dis- 
coveries in  the  Yukon  district  were  made  in  1'885,  on  Stewart 
River,  Cassiar  Bar,  and  Lewis  River.  In  the  following  year,  gold 
was  found  on  Forty  Mile  Creek,  and  its  tributaries,  Glacier  Creek, 
Davis  Creek,  Poker  Creek,  etc.,  were  prospected  with  good  re- 
sults for  several  years.  Miller  Creek  (on  British  territory)  was 
opened  for  mining  in  1892.  Birch  Creek,  with  its  various 
branches,  was  discovered  in  1893,  ^^^^  Circle  City  was  founded. 
In  1890,  the  Director  of  the  United  States  Mint  estimated  the  pro- 
duction of  the  Yukon  placers  as  $50,000;  in  1891,  this  amount 
doubled;  in  1893,  the  product  of  the  Alaskan  creeks  was  given  as 
$198,000;  in  1894  it  reached  $409,000;  and  in  1895,  $709,000 
was  the  amount  estimated  for  the  Yukon  district,  and  $69,689  tor 
outside  creeks.  In  this  year,  P^agle  Creek,  a  tributary  of  Birch 
Creek,  was  discovered.  The  condition  of  the  Forty  Mile  district  in 
the  summer  of  1896  was  not  as  encouraging  as  formerly,  owing 
to  the  six  weeks'  drought,  which  prevented  the  water  from  running 
the  sluices,  and  caused  enforced  idleness.  The  Birch  Creek  region, 
on  the  other  hand,  was  flourishing.  At  this  time,  discoveries  were 
made  on  the  Klondike  River  (about  20  miles  from  POrty  Mile 
Creek).  Placers  on  Hunker  Creek,  Indian  Creek,  and  Bonanza 
Creek,  the  principal  branch  of  the  Klondike,  gave  good  returns. 
On  Bonanza  Creek,  $1,000  was  taken  out  in  August  and  Septem- 
ber, 1896,  and  400  claims  were  located  up  to  January,  1897. 
Gulches  and  creeks  showing  good  prospects  are  spread  over  700 
square  miles.  The  mining  population  in  the  Yukon  region  was 
estimated,  in  1896,  at  about  1,700;  and  the  gold  production  for 


ALASKA.  yy 

that  year,  including   United  States  and   British  territory,  is  esti- 
mated at  $1,400,000. 
Professor  Spurr  says: 

The  Yukon  districts  lie  in  a  hroad  belt,  of  gold-producing  rocks,  having  a 
considerable  width  and  extending  in  a  general  east  and  west  direction  for  sev- 
eral hundred  miles.  Throughout  this  belt,  occur  quartz  veins  which  carry  gold, 
but  so  far  as  yet  found  out,  the  ore  is  of  low  grade,  and  a  large  proportion  of 
the  veins  have  been  so  broken  by  movements  in  the  rocks  that  they  can  not  be 
followed.  For  this  reason,  the  mines  in  the  bed  rock  can  not  be  worked,  except 
on  a  large  scale  with  improved  machinery,  and  even  such  operations  are  impos- 
sible until  the  general  conditions  of  the  country  in  reference  to  transportation 
and  supplies  are  improved.- 

Through  the  gold-bearing  rocks,  the  streams  have  cut  deep  gullies  and  can- 
yons, and  in  their  beds  the  gold  which  was  contained  in  the  rocks  which  have 
been  worn  away  is  concentrated,  so  that  from  a  large  amount  of  very  low-grade 
rock  there  may  be  formed  in  places  a  gravel  sufficiently  rich  in  gold  to  repay 
washing.  All  the  mining  which  is  done  in  this  country,  therefore,  consists  in 
j the  washing  out  of  these  gravels. 

In  each  gulch,  prospectors  are  at  liberty  to  stake  out  claims  not  already  taken, 
the  size  of  the  claims  being  determined  by  vote  of  all  the  miners  in  each  gulch, 
according  to  the  richness  of  the  gravel.  The  usual  length  of  a  claim  is  about 
500  feet  along  the  stream  and  the  total  width  of  the  gulch  bed,  which  is  ordi- 
narily narrow.  When  a  prospector  has  thus  staked  out  his  claim,  it  is  recorded 
by  one  of  the  miners,  who  is  elected  by  his  fellows  in  each  gulch  for  that  pur- 
pose, and  this  secures  him  sufficient  title.  The  miners'  laws  are  practically  the 
entire  government  in  these  districts,  for  the  remoteness  prevents  any  systematic 
communication  being  carried  on  with  the  United  States.  All  questions  and 
disputes  are  settled  by  miners'  meetings,  and  the  question  in  dispute  is  put  to 
popular  vote. 

In  prospecting,  the  elementary  method  of  panning  is  used  to  discover  the 
presence  of  gold  in  gravel,  but  after  a  claim  is  staked  and  systematic  work 
begun,  long  sluice  boxes  are  built  of  boards,  the  miners  being  obliged  to  fell  the 
trees  themselves  and  saw  out  the  lumber  with  whipsaws,  a  very  laborious  kind 
of  work.  The  depth  of  gravel  in  the  bottom  of  the  gulches  varies  from  a  foot 
up  to  20  or  30  feet,  and  when  it  is  deeper  than  the  latter  figure,  it  can  not  be 
worked. 

'      IThe  upper  part  of  the  gravel   is   barren,  and  the   pav  dirt   lies   directlv  upon 

/  the  rock  beneath,  and  is  generally  very  thin.      To  get   at   this   pav  dirt   all   the 

upper  gravel  must  be  shoveled  oft",  and  this  preliminary  work   often  requires  an 


78  ALASKA, 

entire  season,  even  in  a  very  small  claim.  When  the  gravel  is  deeper  than  a 
certain  amount,  say  10  feet,  the  task  of  removing  it  becomes  formidable.  In 
this  case,  the  pay  dirt  can  sometimes  be  got  at  in  the  winter  season,  when  the 
gravel  is  frozen  hard,  by  sinking  shafts  through  the  gravel  and  drifting  along 
the  pay  dirt. 

The  wages  paid,  says  Professor  vSpiirr,  are  from  $10  to  $12  a 
day;  in  winter,  $5  to  $8  for  a  six-hour  day.  The  cost  of  Hving 
is  very  high,  owing  to  the  difficulty  of  transporting  provisions, 
etc.,  and  the  great  distances  to  be  covered. 

Prospecting  in  this  country,  says  Mr.  Wilson  (Guide  to  Yukon 
Gold  Fields),  is  very  difficult  owing  to  the  character  of  the  surface, 
the  general  formation  being  soft,  the  hills  having  been  worn 
smooth  by  glacial  action,  which  left  a  layer  of  drift  over  the  whole 
country  to  a  depth  of  from  ^  to  1  5  feet.  This  is  frozen  the  whole 
year,  with  the  exception  ot  a  tew  inches  on  the  surface.  The 
method  of  prospecting  is  usually  carried  on  by  sinking  a  number 
of  holes  to  bed  rock  across  the  bed  ot  the  creek,  or  cross  cutting 
it  by  a  tunnel  and  testing  the  dirt  every  few  feet  by  panning, 
thus  locating  the  pay  streak.  After  a  creek  has  been  prospected, 
the  glacial  drift  must  be  removed.  The  trees  and  roots  are  taken 
away  and  a  stream  of  water  turned  on,  which,  with  the  help  of  the 
sun,  in  time  bares  the  pay  streak.  The  course  ot  the  water  is 
then  turned  along  the  hillside,  a  dam  built  and  sluice  boxes 
erected.  These  are  made  with  corrugated  bottoms,  which  catch 
and  retain  the  gold.  They  are  given  a  grade  regulated  by  the 
coarseness  ot  the  gold;  it  the  gold  is  fine,  the  grade  is  slight;  it 
coarse,  a  greater  pitch  can  be  given,  which  is  preferable,  as  more 
dirt  can  be  handled.  The  lack  of  water  in  these  gulches  proves 
a  great  hindrance  in  many  cases.  The  seasons  are  dry,  and  only 
the  glacial  drip  of  the  hills  can  be  depended  upon. 

A  method  lately  adopted  by  which  mining  can  be  done  in 
v/inter  has  proved  profitable,  besides  doing  away  with  the  long 
period  of  idleness.     This  is  called  burning,  and  is  done  by  drifting. 


ALASKA. 


79 


melting  away  the  frost  by  fire  and  taking  out  only  the  pay  dirt, 
leaving  the  glacial  drift  and  surface  intact.  The  pay  dirt  thus 
removed  is  easily  washed  in  the  spring  when  water  is  plenty. 


ROUTES  TO  THE  KLONDIKE. 


The  Klondike  region  can  be  reached  by  St.  Michaels  and  a 
voyage  up  the  Yukon,  which  is  perhaps  the  most  comfortable  but 
longest  route.  The  current  of  the  river  is  so  swift  that  the  trip  up 
is  necessarily  slow.  Boats  from  San  Francisco,  touching  at 
Seattle,  Victoria,  and  Unalaska,  connect  at  St.  Michaels  Island  with 
the  river  steamers.  In  the  Guide  to  the  Yukon  Gold  Fields, 
Mr.  Wilson  gives  the  following  rates  for  the  river  boats,  which  he 
says  accommodate  about  loo  passengers. 

From  Forty  Mile  Post  to  St.  Michaels,  first  class,  $50;  second 
class,  $30.  The  through  trip  to  San  Francisco  costs,  he  says, 
from  $150  to  $175.  After  leaving  the  steamer,  says  the  same 
authority,  packs  are  carried  by  Indians  and  dogs  in  summer,  and 
in  winter  are  conveyed  by  sleds.  The  cost  of  freighting  in  sum- 
mer is  $30  per  100  pounds  for  a  distance  of  60  miles;  in  winter, 
$10  to  $13  per  100  pounds.  The  dogs  haul  large  loads  and  can 
cover  long  distances. 

A  more  direct  but  more  fatiguing  route  is  from  Lynn  Channel 
to  the  Lewis  River  by  way  of  several  lakes.  There  is  the  Chil- 
kat  Pass  (long  and  less  used  than  formerly),  the  White,  and  the 
Chilkoot.  The  terminus  of  the  White  Pass  is  some  85  miles 
north  of  Juneau,  and  ocean  steamers  can  run  up  to  the  landing  at 
all  times.  The  pass  lies  through  a  box  canyon,  and  is  compara- 
tively easy.  Mr.  Wilson  considers  this  the  best  pass,  and  says  the 
trail  would  not  exceed  32  miles  in  length,  and  would  strike  W^indv 
arm  of  Tagish  Lake,  or  Taku  arm,  coming  in  farther  up  the  lake. 
This  part  of  the  lake  is  accessible  to  Lake  Bennett,  and  the  pass 
could   be   used  as  a  mail   route  any  month   of  the  year.     The 


8o  ALASKA. 

Chilkoot  Puss  is  the  one  most  used  by  miners.  Steamers  ply  from 
Juneau  to  Uyea,  a  distance  of  loo  miles  and  the  head  of  steam- 
ship navigation.  The  charge  is  $10  tor  one  man  and  outfit.  Mr. 
Wilson's  description  of  the  route  is  summarized  as  follows: 

/it  Dvea,  the  actual  journey  begins.  If  the  trip  is  made  by  sleighs,  the  parties 
usually  do  their  own  work;  but  if  the  snow  and  ice  have  left  the  canyon,  the 
outfit  will  have  to  be  packed  to  Lake  Lindeman.  Indian  packers  charge  $14 
per  100  pounds;  the  distance  is  about  24  miles.  Canoes  can  be  used  for  about 
6  miles  up  the  Dvea  River;  then  the  trail,  steep  and  precipitous,  leads  up  the 
canvon  to  the  summit,  15  miles  distant  and  3,500  feet  above  tidewater.  From 
the  summit,  there  is  a  sheer  descent  of  500  feet  to  the  bed  of  Crater  Lake. 
The  water  has  cut  a  small  canvon  down  the  mountain  side  which  should  be  fol- 
lowed to  Lake  Lindeman  (24  miles  from  Dyea  Inlet).  Here  a  ratt  should  be 
made  with  a  deck  of  small  poles  a  foot  above  the  body,  which  prevents  the 
waves  from  wetting  the  outfit.  The  latter  should  be  protected  by  water-tight 
sacks,  either  of  oilskin  or  canvas.  A  short  portage  of  three-fourths  of  a  mile 
(the  fall  being  about  20  feet)  leads  to  Lake  Bennett.  The  stream  connecting 
the  two  lakes  is  crooked  and  rockv,  making  it  unsafe  for  a  boat.  Lake  Linde- 
man is  about  6  miles  along,  and  opens  up  from  May  15  to  June  10.  After 
reaching  Lake  Bennett,  the  journey  may  be  continued  by  ratt,  or  by  ascending  a 
small  river  which  enters  the  head  of  the  lake  from  the  west,  a  distance  of  one  mile; 
good  boDt  timber  may  be  found.  The  only  timber  used  in  the  construction  of 
boats  is  spruce  or  Norway  pine.  Lake  Bennett  is  some  26  miles  long;  Caribou 
Crossing  leads  to  Tagish  Lake.  Navigation  on  these  two  lakes  is  sometimes 
interrupted  bv  the  high  winds.  A  wide,  sluggish  river  leads  to  Lake  Marsh,  20 
miles  long.  The  river  from  here  to  the  canyon  has  about  a  3-mile  current. 
Just  above  the  canyon,  quantities  of  salmon  are  found.  The  canyon  proper  is 
five-eighths  of  a  mile  in  length,  but  the  distance  to  portage  is  about  a  mile,  and 
that  run  by  the  boats  is  three-fourths  of  a  mile.  The  average  width  of  the 
canyon  is  loo  feet,  and  the  water  is  very  deep.  There  is  little  danger  in  passing 
the  canyon,  if  the  steersman  does  not  lose  his  head.  The  water  in  the  center  is 
4  feet  higher  than  at  the  walls,  and  if  the  boat  is  kept  under  control  it  will  remain 
on  this  crest,  and  so  avoid  striking  the  walls.  The  boat  should  be  strong,  and 
the  cargo  well  protected  from  the  water.  It  takes  two  minutes  and  twenty  sec- 
onds to  pass  through  the  canyon.  Two  miles  below,  White  Horse  Rapids  arc 
reached.  It  is  practically  impossible  to  pass  these,  and  portage  must  be  resorted 
to.  This  part  of  the  river  can  never  be  made  navigable  for  steamers.  A  tram- 
way could  be  easilv  built  here,  and  operated  by  the  power  from  the  falls. 

About  15  miles  from  the  rapids,  the  Tahkeena  River  joins  the  Lewis.      This 


ALASKA.  81 

is  the  inland  waterway  used  in  connection  with  the  Chilkat  Pass,  which  is  long 
(125  miles)  and  less  used  by  miners  or  Indians.  The  Tahkeena  is  easily  navi- 
gable. A  steamer  could  ascend  it  perhaps  70  miles.  Lake  Labarge  is  12 
miles  below  the  Tahkeena.  This  lake  is  3  1  miles  long  and  is  often  very  rough. 
After  leaving  it,  the  current  of  the  river  increases  to  5  or  6  miles  an  hour.  The 
course  is  very  crooked  and  the  bed  is  filled  with  bowlders,  which  might  make  it 
dangerous  for  river  steamers,  especially  on  the  down  trip.  The  Hootalinqua, 
Big  Salmon,  and  Little  Salmon  rivers  enter  the  Lewis  within  the  next  hundred 
miles,  the  first  two  showing  signs  of  gold.  Fifty-three  miles  below  the  Little 
Salmon  is  the  Five  Fingers  Rapid,  which  can  be  run  with  a  good  boat  with  com- 
parative ease.  The  channel  to  the  right  should  be  followed.  Rink  Rapids  are 
6  miles  below  Five  Fingers,  and  the  east  shore  should  be  followed  closely.  Old 
Fort  Selkirk  is  55  miles  from  Five  Fingers,  and  just  below  the  confluence  of  the 
Pelly  and  Lewis  rivers.  Here  the  Yukon  begins,  and  soon  broadens  to  a  mile 
in  width.  Ninety-six  miles  below,  the  White  River  enters  from  the  west. 
This  is  a  large  stream,  extremely  muddy.  It  probably  flows  over  volcanic 
deposits.  Eighty  miles  farther  on  is  the  mouth  of  Sixty  Mile  Creek,  where 
there  is  a  trading  post  and  sawmill,  and  where  a  number  of  miners  annually 
winter.  Thirty  miles  below,  Indian  Creek  enters  the  Yukon,  and  20  miles 
from  Indian  Creek  is  the  mouth  of  the  Klondike.  Some  20  miles  beyond  is  the 
mouth  of  Forty  Mile  Creek.  There  is  a  trading  post  at  its  outlet,  and  Dawson 
is  near  the  mouth  of  the  Klondike  River.  Circle  City  is  140  miles  from  Forty 
Mile  Post,  and  Dawson  is  676  miles  from  Juneau. 

The  act  of  Congress  approved  July  4,  1866,  relating  to  min- 
eral lands  and  mining  in  the  United  States,  says: 

All  valuable  mineral  deposits  in  lands  belonging  to  the  United  States,  both 
surveyed  and  unsurveyed,  are  hereby- declared  to  be  free  and  open  to  explora- 
tion and  purchase,  and  lands  in  which  these  are  found  to  occupation  and 
purchase,  by  citizens  of  the  United  States  and  by  those  who  have  declared  an 
intention  to  become  such,  under  the  rules  prescribed  by  law  and  according  to 
local  customs  or  rules  of  miners  in  the  several  mining  districts,  so  far  as  the 
same  are  applicable  and  not  inconsistent  with  the  laws  of  the  United  States. 

The  act  of  Congress  approved  May  17,  1884,  providing  for 
civil  government  for  Alaska,  has  this  language  as  to  mines  and 
mining  privileges: 

The  laws  of  the  United  States  relating  to  mining  claims  and  rights  incidental 
thereto  shall,  on  and   after  the   passage  of  this  act,  be  in  full  force  and  effect  in 
^o.  86 6 


82  ALASKA. 

said  district  of  Alaska,  subject  to  such  regulations  as  may  be  made  by  the  Sec- 
retary of  the  Interior  and  approved  by  the  President.  *  *  *  Parties  who 
have  located  mines  or  mining  privileges  therein,  under  the  United  States  law 
applicable  to  the  public  domain,  or  have  occupied  or  improved  or  exercised  acts 
of  ownership  over  such  claims,  shall  not  be  disturbed  therein,  but  shall  be 
allowed  to  perfect  title  by  payment  so  provided  for. 

Commissioner  Hermann  says  that  the  patenting  of  mineral 
lands  in  Alaska  has  been  going  on  since  1884. 

UNITED    STATES    MINING   LAWS. 

As  the  mining  laws  of  the  United  States  apply  to  Alaska,  they 
are  printed  here  in  full : 

united  states  mining  laws  and  regulations  thereunder.* 

Department  of  the  Interior, 

General  Land   Office, 

December  10,  i8gi. 
Gentlemen:   Your  attention  is  invited  to  the  Revised  Statutes  of  the  United 
States  and  the  amendments  thereto  in  regard  to 

MINING  LAWS  AND  MINING  RESOURCES. 
Title  xxxu,   Chapter  6. 

Section  2318.  In  all  cases  lands  valuable  for  minerals  shall  be  reserved  from 
sale,  except  as  otherwise  expressly  directed  by  law. 

Sec.  2319.  All  valuable  mineral  deposits  in  lands  belonging  to  the  United 
States,  both  surveyed  and  unsurveyed,  are  hereby  declared  to  be  free  and  open 
to  exploration  and  purchase,  and  the  lands  in  which  they  are  found  to  occupa- 
tion and  purchase,  by  citizens  of  the  United  States  and  those  who  have  declared 
their  intention  to  become  such,  under  regulations  prescribed  by  law,  and  accord- 
ing to  the  local  customs  or  rules  of  miners  in  the  several  mining  districts,  so  far 
as  the  same  are  applicable  and  not  inconsistent  with  the  laws  of  the  United 
States. 

Sec.  2320.  Mining-claims  upon  veins  or  lodes  of  quartz  or  other  rock  in  place 
bearing  gold,  silver,  cinnabar,  lead,  tin,  copper,  or  other  valuable  deposits,  here- 

*  Department  of  the  Interior,  General  Land  Office,  Washington,  May  i6,  1893. — 
This  circular  is  reissued  for  the  information  and  benefit  of  those  concerned. — S.  W. 
Lamoreux,  Commissioner. 


ALASKA. 


83 


tofore  located,  shall  be  governed  as  to  length  along  the  vein  or  lode  by  the  cus- 
toms, regulations,  and  laws  in  force  at  the  date  of  their  location.  A  mining- 
claim  located  after  the  tenth  day  of  May,  eighteen  hundred  and  seventy-two, 
whether  located  by  one  or  more  persons,  may  equal,  but  shall  not  exceed,  one 
thousand  five  hundred  feet  in  length  along  the  vein  or  lode;  but  no  location  of 
a  mining-claim  shall  be  made  until  the  discovery  of  the  vein  or  lode  within  the 
limits  of  the  claim  located.  No  claim  shall  extend  more  than  three  hundred  feet 
on  each  side  of  the  middle  of  the  vein  at  the  surface,  nor  shall  any  claim  be 
limited  by  any  mining  regulation  to  less  than  twenty-five  feet  on  each  side  of  the 
middle  of  the  vein  at  the  surface,  except  where  adverse  rights  existing  on  the 
tenth  dav  of  May,  eighteen  hundred  and  seventy-two,  render  such  limitation 
necessarv.      The  end-lines  of  each  claim  shall  be  parallel  to  each  other. 

Sec.  2321.  Proof  of  citizenship,  under  this  chapter,  may  consist,  in  the  case 
of  an  individual,  of  his  own  affidavit  thereof;  in  the  case  of  an  association  of 
persons  unincorporated,  of  the  affidavit  of  their  authorized  agent,  made  on  his 
own  knowledge,  or  upon  information  and  belief;  and  in  the  case  of  a  corpora- 
tion organized  under  the  laws  of  the  United  States,  or  of  any  State  or  Terri- 
tory thereof,  by  the  filing  of  a  certified  copy  of  their  charter  or  certificate  ot 
incorporation. 

Sec.  2322.  The  locators  of  all  mining  locations  heretofore  made  or  which 
shall  hereafter  be  made,  on  any  mineral  vein,  lode,  or  ledge,  situated  on  the  pub- 
lic domain,  their  heirs  and  assigns,  where  no  adverse  claim  exists  on  the  tenth 
day  of  May,  eighteen  hundred  and  seventy-two,  so  long  as  they  comply  with 
the  laws  of  the  United  States,  and  with  State,  Territorial,  and  local  regulations 
not  in  conflict  with  the  laws  of  the  United  States  governing  their  possessory  title, 
shall  have  the  exclusive  right  of  possession  and  enjoyment  of  all  the  surface 
included  within  the  lines  of  their  locations,  and  of  all  veins,  lodes,  and  ledges 
throughout  their  entire  depth,  the  top  or  apex  of  which  lies  inside  of  such  surface- 
•lines  extended  downward  vertically,  although  such  veins,  lodes,  or  ledges  may 
so  far  depart  from  a  perpendicular  in  their  course  downward  as  to  extend  out- 
side the  vertical  side-lines  of  such  surface  locations.  But  their  right  of  posses- 
sion to  such  outside  parts  of  such  veins  or  ledges  shall  be  confined  to  such 
portions  thereof  as  lie  between  vertical  planes  drawn  downward  as  above 
described,  through  the  end-lines  of  their  locations,  so  continued  in  their  own 
direction  that  such  planes  will  intersect  such  exterior  parts  of  such  veins  or 
ledges.  And  nothing  in  this  section  shall  authorize  the  locator  or  possessor  ot 
a  vein  or  lode  which  extends  in  its  downward  course  beyond  the  vertical  lines 
of  his  claim  to  enter  upon  the  surface  of  a  claim  owned  or  possessed  by  another. 

Sec.  2323.  Where  a  tunnel  is  run  for  the  development  of  a  vein  or  lode,  or 
for  the   discovery  of  mines,  the  owners  of  such  tunnel  shall   have  the    right   of 


84  ALASKA. 

possession  of  all  veins  or  lodes  within  three  thousand  feet  from  the  face  of  such 
tunnel  on  the  line  thereof,  not  previously  known  to  exist,  discovered  in  such 
tunnel,  to  the  same  extent  as  if  discovered  from  the  surface;  and  locations  on 
the  line  of  such  tunnel  of  veins  or  lodes  not  appearing  on  the  surface,  made  by 
other  parties  after  the  commencement  of  the  tunnel,  and  while  the  same  is  being 
prosecuted  with  reasonable  diligence,  shall  be  invalid;  but  failure  to  prosecute 
the  work  on  the  tunnel  for  six  months  shall  be  considered  as  an  abandonment 
of  the  right  to  all  undiscovered  veins  on  the  line  of  such  tunnel. 

Sec.  2324.  The  miners  of  each  mining-district  may  make  regulations  not  in 
conflict  with  the  laws  of  the  United  States,  or  with  the  laws  of  the  State  or 
Territory  in  which  the  district  is  situated,  governing  the  location,  manner  of 
recording,  amount  of  work  necessary  to  hold  possession  of  a  mining-claim,  sub- 
ject to  the  following  requirements :  The  location  must  be  distinctly  marked  on 
the  ground  so  that  its  boundaries  can  be  readily  traced.  All  records  of  mining- 
claims  hereafter  made  shall  contain  the  name  or  names  of  the  locators,  the  date 
of  the  location,  and  such  a  description  of  the  claim  or  claims  located  by  refer- 
ence to  some  natural  object  or  permanent  monument  as  will  identify  the  claim. 
On  each  claim  located  after  the  tenth  day  of  May,  eighteen  hundred  and  sev- 
enty-two, and  until  a  patent  has  been  issued  therefor,  not  less  than  one  hundred 
dollars'  worth  of  labor  shall  be  performed  or  improvements  made  during  each 
year.  On  all  claims  located  prior  to  the  tenth  day  of  May,  eighteen  hundred 
and  seventy-two,  ten  dollars'  worth  of  labor  shall  be  performed  or  improve- 
ments made  by  the  tenth  day  of  June,  eighteen  hundred  and  seventy-four,  and 
each  year  thereafter,  for  each  one  hundred  feet  in  length  along  the  vein  until  a 
patent  has  been  issued  therefor  ;  but  where  such  claims  are  held  in  common, 
such  expenditure  may  be  made  upon  any  one  claim ;  and  upon  a  failure  to  com- 
ply with  these  conditions,  the  claim  or  mine  upon  which  such  failure  occurred 
shall  be  open  to  relocation  in  the  same  manner  as  if  no  location  of  the  same 
had  ever  been  made,  provided  that  the  original  locators,  their  heirs,  assigns,  or 
legal  representatives,  have  not  resumed  work  upon  the  claim  after  failure  and 
before  such  location.  Upon  the  failure  of  any  one  of  several  co-owners  to  con- 
tribute his  proportion  of  the  expenditures  required  hereby,  the  co-owners  who 
have  performed  the  labor  or  made  the  improvements  may,  at  the  expiration  of 
the  year,  give  such  delinquent  co-owner  personal  notice  in  writing  or  notice  by 
publication  in  the  newspaper  published  nearest  the  claim,  for  at  least  once  a 
week  for  ninety  days,  and  if  at  the  expiration  of  ninety  days  after  such  notice 
in  writing  or  by  publication  such  delinquent  should  fail  or  refuse  to  contribute 
his  proportion  of  the  expenditure  required  by  this  section,  his  interest  in  the 
claim  shall  become  the  property  of  his  co-owners  who  have  made  the  required 
expenditures. 


ALASKA.  85 

Sec.  2325.  A  patent  for  any  land  claimed  and  located  for  valuable  deposits 
may  be  obtained  in  the  following  manner:  Any  person,  association,  or  cor- 
poration authorized  to  locate  a  claim  under  this  chapter,  having  claimed  and 
located  a  piece  of  land  for  such  purposes,  who  has,  or  have,  complied  with  the 
terms  of  this  chapter,  may  file  in  the  proper  land-office  an  application  for  a 
patent,  under  oath,  showing  such  compliance,  together  with  a  plat  and  field- 
notes  of  the  claim  or  claims  in  common,  made  by  or  under  the  direction  of  the 
United  States  Surveyor-General,  showing  accurately  the  boundaries  of  the  claim 
or  claims,  which  shall  be  distinctly  marked  by  monuments  on  the  ground,  and 
shall  post  a  copy  of  such  plat,  together  with  a  notice  of  such  application  for  a 
patent,  in  a  conspicuous  place  on  the  land  embraced  in  such  plat  previous  to  the 
filing  of  the  application  for  a  patent,  and  shall  file  an  affidavit  of  at  least  two 
persons  that  such  notice  has  been  duly  posted,  and  shall  file  a  copy  of  the  notice 
in  such  land-office,  and  shall  thereupon  be  entitled  to  a  patent  for  the  land,  in 
the  manner  following:  The  register  of  the  land-office,  upon  the  filing  of  such 
application,  plat,  field-notes,  notices,  and  affidavits,  shall  publish  a  notice  that 
such  application  has  been  made,  for  the  period  of  sixty  days,  in  a  newspaper  to 
be  by  him  designated  as  published. nearest  to  such  claim;  and  he  shall  also  post 
such  notice  in  his  office  for  the  same  period.  The  claimant  at  the  time  of  filing 
this  application,  or  at  any  time  thereafter,  within  the  sixty  days  of  publication, 
shall  file  with  the  register  a  certificate  of  the  United  States  Surveyor-General  that 
five  hundred  dollars'  worth  of  labor  has  been  expended  or  improvements  made 
upon  the  claim  by  himself  or  grantors;  that  the  plat  is  correct,  with  such  further 
description  by  such  reference  to  natural  objects  or  permanent  monuments  as  shall 
identify  the  claim,  and  furnish  an  accurate  description,  to  be  incorporated  in 
the  patent.  At  the  expiration  of  the  sixty  days  of  publication,  the  claimant  shall 
file  his  affidavit,  showing  that  the  plat  and  notice  have  been  posted  in  a  con- 
spicuous place  on  the  claim  during  such  period  of  publication.  If  no  adverse 
claim  shall  have  been  filed  with  the  register  and  the  receiver  of  the  proper  land- 
office  at  the  expiration  of  the  sixty  days  of  publication,  it  shall  be  assumed  that 
the  applicant  is  entitled  to  a  patent,  upon  the  payment  to  the  proper  officer  of 
five  dollars  per  acre,  and  that  no  adverse  claim  exists ;  and  thereafter  no  objec- 
tion from  third  parties  to  the  issuance  of  a  patent  shall  be  heard,  except  it  be 
shown  that  the  applicant  has  failed  to  comply  with  the  terms  of  this  chapter. 

Sec.  2326.  Where  an  adverse  claim  is  filed  during  the  period  of  publication, 
it  shall  be  upon  oath  of  the  person  or  persons  making  the  same,  and  shall  show 
the  nature,  boundaries,  and  extent  of  such  adverse  claim,  and  all  proceedings, 
except  the  publication  of  notice  and  making  and  filing  of  the  affidavit  thereof, 
shall  be  stayed  until  the  controversy  shall  have  been  settled  or  decided  by  a 
court  of  competent  jurisdiction,  or  the  adverse  claim  waived.      It  shall  be  the 


86  ALASKA. 

duty  of"  the  adverse  claimant,  within  thirty  days  after  filing  his  claim,  to  com- 
mence proceedings  in  a  court  of  competent  jurisdiction,  to  determine  the  ques- 
tion of  the  right  of  possession,  and  prosecute  the  same  with  reasonable  diligence 
to  final  judgment;  and  a  failure  so  to  do  shall  be  a  waiver  of  his  adverse  claim. 
After  such  judgment  shall  have  been  rendered,  the  party  entitled  to  the  posses- 
sion of  the  claim,  or  any  portion  thereof,  may,  without  giving  further  notice, 
file  a  certified  copy  of  the  judgment-roll  with  the  register  of  the  land-office, 
together  with  the  certificate  of  the  surveyor-general  that  the  requisite  amount 
of  labor  has  been  expended  or  improvements  made  thereon,  and  the  description 
required  in  other  cases,  and  shall  pay  to  the  receiver  five  dollars  per  acre  for 
his  claim,  together  with  the  proper  fees,  whereupon  the  whole  proceedings  and 
the  judgment-roll  shall  be  certified  by  the  register  to  the  Commissioner  of  the 
General  Land  Office,  and  a  patent  shall  issue  thereon  for  the  claim,  or  such 
portion  thereof  as  the  applicant  shall  appear,  from  the  decision  of  the  court,  to 
rightly  possess.  If  it  appears  from  the  decision  of  the  court  that  several  parties 
are  entitled  to  separate  and  different  portions  of  the  claim,  each  party  may  pay 
for  his  portion  of  the  claim  with  the  proper  fees,  and  file  the  certificate  and 
description  by  the  surveyor-general,  whereupon  the  register  shall  certify  the  pro- 
ceedings and  judgment-roll  to  the  Commissioner  of  the  General  Land  Office,  as 
in  the  preceding  case,  and  patents  shall  issue  to  the  several  parties  according  to 
their  respective  rights.  Nothing  herein  contained  shall  be  construed  to  prevent 
the  alienation  of  a  title  conveyed  by  a  patent  for  a  mining-claim  to  any  person 
whatever. 

Sec.  2327.  The  description  of  vein  or  lode  claims,  upon  surveyed  lands,  shall 
designate  the  location  of  the  claim  with  reference  to  the  lines  of  the  public 
surveys,  but  need  not  conform  therewith;  but  where  a  patent  shall  be  issued  for 
claims  upon  unsurveyed  lands,  the  surveyor-general,  in  extending  the  surveys, 
shall  adjust  the  same  to  the  boundaries  of  such  patented  claim,  according  to  the 
plat  or  description  thereof,  but  so  as  in  no  case  to  interfere  with  or  change  the 
location  of  any  such  patented  claim. 

Sec.  2328.  Applications  for  patents  for  mining-claims  under  former  laws  now 
pending  may  be  prosecuted  to  a  final  decision  in  the  General  Land  Office;  but 
in  such  cases  where  adverse  rights  are  not  affected  thereby,  patents  may  issue  in 
pursuance  of  the  provisions  of  this  chapter;  and  all  patents  for  mining-claims 
upon  veins  or  lodes  heretofore  issued  shall  convey  all  the  rights  and  privileges 
conferred  by  this  chapter  where  no  adverse  rights  existed  on  the  tenth  day  of 
May,  eighteen  hundred  and  seventy-two. 

Sec.  2329.  Claims  usually  called  "placers,"  including  all  forms  of  deposit, 
excepting  veins  of  quartz,  or  other  rock  in  place,  shall  be  subject  to  entry  and 


ALASKA.  87 

patent,  under  like  circumstances  and  conditions,  and  upon  similar  proceedings, 
as  are  provided  for  vein  or  lode  claims  ;  but  where  the  lands  have  been  pre- 
viously surveyed  by  the  United  States,  the  entry  in  its  exterior  limits  shall 
conform  to  the  legal  subdivisions  of  the  public  lands. 

Sec.  2330.  Legal  subdivisions  of  forty  acres  may  be  subdivided  into  ten-acre 
tracts;  and  two  or  more  persons,  or  associations  of  persons,  having  contiguous 
claims  of  any  size,  although  such  claims  may  be  less  than  ten  acres  each,  may 
make  joint  entry  thereof;  but  no  location  of  a  placer-claim,  made  after  the 
ninth  day  of  July,  eighteen  hundred  and  seventy,  shall  exceed  one  hundred  and 
sixty  acres  for  any  one  person  or  association  of  persons,  which  location  shall 
conform  to  the  United  States  surveys;  and  nothing  in  this  section  contained 
shall  defeat  or  impair  any  bona  fide  pre-emption  or  homestead  claim  upon  agri- 
cultural lands,  or  authorize  the  sale  of  the  improvements  of  ariy'  bona  fide  settler 
to  any  purchaser. 

Sec.  2331.  Where  placer-claims  are  upon  surveyed  lands,  and  conform  to 
legal  subdivisions,  no  further  survey  or  plat  shall  be  required,  and  all  placer- 
mining  claims  located  after  the  tenth  day  of  May,  eighteen  hundred  and  seventy- 
two,  shall  conform  as  near  as  practicable  with  the  United  States  svstem  of 
public-land  surveys,  and  the  rectangular  subdivisions  of  such  surveys,  and  no 
such  location  shall  include  more  than  twenty  acres  for  each  individual  claimant; 
but  where  placer-claims  can  not  be  conformed  to  legal  subdivisions,  survev  and 
plat  shall  be  made  as  on  unsurveyed  lands;  and  where  by  the  segregation  of 
mineral  lands  in  any  legal  subdivision  a  quantity  of  agricultural  land  less  than 
forty  acres  remains,  such  fractional  portion  of  agricultural  land  may  be  entered 
by  any  partv  qualified  by  law,  for  homestead  or  pre-emption  purposes. 

Sec.  2332.  Where  such  person  or  association,  they  and  their  grantors,  have 
held  and  worked  their  claims  for  a  period  equal  to  the  time  prescribed  by  the 
statute  of  limitations  for  mining-claims  of  the  State  or  Territory  where  the  same 
may  be  situated,  evidence  ot  such  possession  and  working  ot  the  claims  for  such 
period  shall  be  sufficient  to  establish  a  right  to  a  patent  thereto  under  this  chapter, 
in  the  absence  ot  any  adverse  claim;  but  nothing  in  this  chapter  shall  be  deemed 
to  impair  any  lien  which  may  have  attached  in  any  way  whatever  to  anv  mining- 
claim  or  property  thereto  attached  prior  to  the  issuance  of  a  patent. 

Sec.  2333.  Where  the  same  person,  association,  or  corporation  is  in  possession 
of  a  placer-claim,  and  also  a  vein  or  lode  included  within  the  boundaries  thereof, 
application  shall  be  made  for  a  patent  for  the  placer-claim,  with  the  statement 
that  it  includes  such  vein  or  lode,  and  in  such  case  a  patent  shall  issue  for  the 
placer-claim,  subject  to  the  provisions  of  this  chapter,  including  such  vein  or 
lode,  upon  the  payment  of  five  dollars  per  acre  for  such  vein  or  lode  claim,  and 


88 


ALASKA. 


twenty-five  feet  of  surface  on  each  side  thereof.  The  remainder  of  the  placer- 
claim,  or  any  placer-claim  not  embracing  any  vein  or  lode-claim,  shall  be  paid 
for  at  the  rate  ot  two  dollars  and  fifty  cents  per  acre,  together  with  all  costs  of 
proceedings;  and  where  a  vein  or  lode,  such  as  is  described  in  section  twenty- 
three  hundred  and  twenty,  is  known  to  exist  within  the  boundaries  of  a  placer- 
claim,  an  application  for  a  patent  for  such  placer-claim  which  does  not  include 
an  application  for  the  vein  or  lode  claim  shall  be  construed  as  a  conclusive 
declaration  that  the  claimant  of  the  placer-claim  has  no  right  of  possession  of 
the  vein  or  lode  claim;  but  where  the  existence  of  a  vein  or  lode  in  a  placer- 
claim  is  not  known,  a  patent  for  the  placer-claim  shall  convey  all  valuable  mineral 
and  other  deposits  within  the  boundaries  thereof 

Sec.  2334.  The  surveyor-general  of  the  United  States  may  appoint  in  each 
land-district  containing  mineral  lands  as  many  competent  surveyors  as  shall 
apply  for  appointment  to  survey  mining-claims.  The  expenses  of  the  survey 
of  vein  or  lode  claims,  and  the  survey  and  subdivision  of  placer-claims  into 
smaller  quantities  than  one  hundred  and  sixty  acres,  together  with  the  cost  of 
publications  of  notices,  shall  be  paid  by  the  applicants,  and  they  shall  be  at 
liberty  to  obtain  the  same  at  the  most  reasonable  rates,  and  they  shall  also  be 
at  liberty  to  employ  any  United  States  deputy  surveyor  to  make  the  survey. 
The  Commissioner  of  the  General  Land  Office  shall  also  have  power  to  estab- 
lish the  maximum  charges  tor  surveys  and  publication  of  notices  under  this 
chapter;  and,  in  case  of  excessive  charges  for  publication,  he  may  designate  any 
newspaper  published  in  a  land-district  where  mines  are  situated  for  the  publication 
of  mining-notices  in  such  district,  and  fix  the  rates  to  be  charged  by  such  paper; 
and,  to  the  end  that  the  Commissioner  may  be  fully  informed  on  the  subject, 
each  applicant  shall  file  with  the  register  a  sworn  statement  of  all  charges  and 
fees  paid  by  such  applicant  for  publication  and  surveys,  together  with  all  fees 
and  money  paid  the  register  and  the  receiver  of  the  land-office,  which  statement 
shall  be  transmitted,  with  the  other  papers  in  the  case,  to  the  Commissioner  of 
the  General  Land  Office,. 

Sec.  2335.  All  affidavits  required  to  be  made  under  this  chapter  may  be  veri- 
fied before  any  officer  authorized  to  administer  oaths  within  the  land-district 
where  the  claims  may  be  situated,  and  all  testimony  and  proofs  may  be  taken 
before  any  such  officer,  and,  when  duly  certified  by  the  officer  taking  the  same, 
shall  have  the  same  force  and  effect  as  if  taken  before  the  register  and  receiver 
of  the  land-office.  In  cases  of  contest  as  to  the  mineral  or  agricultural  charac- 
ter of  land,  the  testimony  and  proofs  may  be  taken  as  herein  provided  on  per- 
sonal notice  of  at  least  ten  days  to  the  opposing  party;  or  if  such  party  cannot 
be  found,  then  by  publication  of  at  least  once  a  week  for  thirty  days  in  a  news- 
paper, to  be  designated  by  the  register  of  the  land-office  as  published  nearest  to 


ALASKA.  89 

the  location  of  such  land ;  and  the  register  shall  require  proof  that  such  notice 
lias  been  given. 

Sec.  2336.  Where  two  or  more  veins  intersect  or  cross  each  other,  priority 
of  title  shall  govern,  and  such  prior  location  shall  be  entitled  to  all  ore  or  min- 
eral contained  within  the  space  oi  intersection  ;  but  the  subsequent  location 
shall  have  the  right  of  wav  through  the  space  of  intersection  for  the  purposes  of 
the  convenient  working  of  the  mine.  And  where  two  or  more  veins  unite,  the 
oldest  or  prior  location  shall  take  the  vein  below  the  point  of  union,  including 
all  the  space  of  intersection. 

Sec.  2337.  Where  non-mineral  land  not  contiguous  to  the  vein  or  lode  is 
used  or  occupied  by  the  proprietor  of  such  vein  or  lode  for  mining  or  milling  pur- 
poses, such  non-adjacent  surface-ground  may  be  embraced  and  included  in  an 
application  for  a  patent  for  such  vein  or  lode,  and  the  same  may  be  patented  there- 
with, subject  to  the  same  preliminary  requirements  as  to  survey  and  notice  as  are 
applicable  to  veins  or  lodes ;  but  no  location  hereafter  made  of  such  non-adjacent 
land  shall  exceed  five  acres,  and  payment  for  the  same  must  be  made  at  the  same 
rate  as  fixed  by  this  chapter  for  the  superficies  of  the  lode.  The  owner  of  a 
quartz-mill  or  reduction  works,  not  owning  a  mine  in  connection  therewith,  may 
also  receive  a  patent  for  his  mill-site,  as  provided  in  this  section. 

Sec.  2338.  As  a  condition  of  sale,  in  the  absence  of  necessary  legislation  by 
Congress,  the  local  legislature  of  any  State  or  Territory  may  provide  rules  for 
working  mines,  involving  easements,  drainage,  and  other  necessary  means  to 
their  complete  development;  and  those  conditions  shall  be  fully  expressed  in 
the  patent. 

Sec.  2339.  Whenever,  by  priority  of  possession,  rights  to  the  use  of  water 
for  mining,  agricultural,  manufacturing,  or  other  purposes,  have  vested  and 
accrued,  and  the  same  are  recognized  and  acknowledged  by  the  local  customs, 
laws,  and  the  decisions  of  courts,  the  possessors  and  owners  of  such  vested  rights 
shall  be  maintained  and  protected  in  the  same;  and  the  right  of  way  for  the 
construction  of  ditches  and  canals  for  the  purposes  herein  specified  is  acknowl- 
edged and  confirmed;  but  whenever  any  person,  in  the  construction  of  any  ditch 
or  canal,  injures  or  damages  the  possession  of  any  settler  on  the  public  domain, 
the  party  committing  such  injury  or  damage  shall  be  liable  to  the  party  injured 
for  such  injury  or  damage. 

Sec.  2340.  All  patents  granted,  or  pre-emption  or  homesteads  allowed,  shall 
be  subject  to  any  vested  and  accrued  water-rights,  or  rights  to  ditches  and  reser- 
voirs used  in  connection  with  such  water-rights,  as  may  have  been  acquired 
under  or  recognized  by  the  preceding  section. 

Sec.  2341.  Wherever,  upon  the  lands  heretofore  designated  as  mineral  lands, 
which  have  been  excluded  from  survey  and  sale,  there  have  been  homesteads 


go  ALASKA. 

made  by  citizens  of  the  United  States,  or  persons  who  have  declared  their 
intention  to  become  citizens,  which  homesteads  have  been  made,  improved,  and 
used  for  agricultural  purposes,  and  upon  which  there  have  been  no  valuable 
mines  of  gold,  silver,  cinnabar,  or  copper  discovered,  and  which  are  properlv 
agricultural  lands,  the  settlers  or  owners  of  such  homesteads  shall  have  a  right 
of  pre-emption  thereto,  and  shall  be  entitled  to  purchase  the  same  at  the  price 
of  one  dollar  and  twenty-five  cents  per  acre,  and  in  quantity  not  to  exceed  one 
hundred  and  sixty  acres;  or  they  may  avail  themselves  of  the  provisions  of 
chapter  five  of  this  title,  relating  to  "Homesteads." 

Sec.  2342.  Upon  the  survey  of  the  lands  described  in  the  preceding  section, 
the  Secretary  ot  the  Interior  may  designate  and  set  apart  such  portions  of  the 
same  as  are  clearly  agricultural  lands,  which  lands  shall  thereafter  be  subject  to 
pre-emption  and  sale  as  other  public  lands,  and  be  subject  to  all  the  laws  and 
regulations  applicable  to  the  same. 

Sec.  2343.  The  President  is  authorized  to  establish  additional  land-districts, 
and  to  appoint  the  necessary  officers  under  existing  laws,  wherever  he  may  deem 
the  same  necessary  for  the  public  convenience  in  executing  the  provisions  or 
this  chapter. 

Sec.  2344.  Nothing  contained  in  this  chapter  shall  be  construed  to  impair,  in 
any  way,  rights  or  interests  in  mining  property  acquired  under  existing  laws ; 
nor  to  affect  the  provisions  of  the  act  entitled  "An  act  granting  to  A.  Sutro  the 
right  of  way  and  other  privileges  to  aid  in  the  construction  of  a  draining  and 
exploring  tunnel  to  the  Comstock  lode,  in  the  State  of  Nevada,"  approved  July 
twenty-five,  eighteen  hundred  and  sixty-six. 

Sec.  2345.  The  provisions  of  the  preceding  sections  of  this  chapter  shall  not 
apply  to  the  mineral  lands  situated  in  the  States  of  Michigan,  Wisconsin,  and 
Minnesota,  which  are  declared  tree  and  open  to  exploration  and  purchase, 
according  to  legal  subdivisions,  in  like  manner  as  before  the  tenth  dav  of  May, 
eighteen  hundred  and  seventy-two.  And  any  bona  fide  entries  of  such  lands 
within  the  States  named  since  the  tenth  of  May,  eighteen  hundred  and  seventy- 
two,  may  be  patented  without  reference  to  any  of  the  foregoing  provisions  of 
this  chapter.  Such  lands  shall  be  offered  for  public  sale  in  the  same  manner,  at 
the  same  minimum  price,  and  under  the  same  rights  of  pre-emption  as  other 
public  lands. 

Sec.  2346.  No  act  passed  at  the  first  session  of  the  thirty-eighth  Congress, 
granting  lands  to  States  or  corporations  to  aid  in  the  construction  of  roads  or 
for  other  purposes,  or  to  extend  the  time  of  grants  made  prior  to  the  thirtieth 
day  of  January,  eighteen  hundred  and  sixty-five,  shall  be  so  construed  as  to 
embrace  mineral  lands,  which  in  all  cases  are  reserved  exclusively  to  the  United 
States,  unless  otherwise  specially  provided  in  the  act  or  acts  making  the  grant. 


ALASKA.  gi 

REPEAL    PROVISIONS. 


ITLE     LXXIV. 


Sec.  5595.  The  foregoing  seventy-three  titles  embrace  the  statutes  of  the 
United  States  general  and  permanent  in  their  nature,  in  force  on  the  1st  day  of 
December,  one  thousand  eight  hundred  and  seventy-three,  as  revised  and  con- 
solidated by  commissioners  appointed  under  an  act  of  Congress,  and  the  same 
shall  be  designated  and  cited  as  The   Revised   Statutes  ot   the  United   States. 

Sec.  5596.  All  acts  of  Congress  passed  prior  to  said  first  dav  of  December, 
o  le  thousand  eight  hundred  and  seventy-three,  any  portion  of  which  is  embraced 
in  any  section  of  said  revision,  are  hereby  repealed,  and  the  section  applicable 
thereto  shall  be  in  force  in  lieu  thereof;  all  parts  of  such  acts  not  contained  in 
such  revision,  having  been  repealed  or  superseded  by  subsequent  acts,  or  not 
being  general  and  permanent  in  their  nature  :  Proinded,  That  the  incorporation 
into  such  revision  of  any  general  and  permanent  provision,  taken  from  an  act 
making  appropriations,  or  from  an  act  containing  other  provisions  of  a  private, 
local  or  temporary  character,  shall  not  repeal,  or  in  any  way  affect  anv  appro- 
priation, or  any  provision  of  a  private,  local,  or  temporary  character,  contained 
in  anv  of  said  acts,  but  the  same  shall  remain  in  force;  and  all  acts  of  Congress 
passed  prior  to  said  last-named  day  no  part  of  which  are  embraced  in  said  revis- 
ion, shall  not  be  affected  or  changed  by  its  enactment. 

Sec.  5597.  The  repeal  of  the  several  acts  embraced  in  said  revision,  shall  not 
affect  any  act  done,  or  any  right  accruing  or  accrued,  or  any  suit  or  proceeding 
had  or  commenced  in  any  civil  cause  before  the  said  repeal,  but  all  rights  and 
liabilities  under  said  acts  shall  continue,  and  may  be  enforced  in  the  same  man- 
ner, as  if  said  repeal  had  not  been  made;  nor  shall  said  repeal,  in  any  manner 
affect  the  right  to  any  office,  or  change  the  term  or  tenure  thereof. 

Sec.  5598.  All  offenses  committed,  and  all  penalties  or  forfeitures  incurred 
under  any  statute  embraced  in  said  revision  prior  to  said  repeal,  may  be  prose- 
cuted and  punished  in  the  same  manner  and  with  the  same  effect,  as  if  said  repeal 
had  not  been  made. 

Sec.  5599.  All  acts  of  limitation,  whether  applicable  to  civil  causes  and  pro- 
ceedings, or  to  the  prosecution  of  offenses,  or  for  the  recovery  of  penalties  or 
forfeitures,  embraced  in  said  revision  and  covered  by  said  repeal,  shall  not  be 
affected  thereby,  but  all  suits,  proceedings  or  prosecutions,  whether  civil  or  crim- 
inal, for  causes  arising,  or  acts  done  or  committed  prior  to  said  repeal,  may  be 
commenced  and  prosecuted  within  the  same  time  as  if  said  repeal  had  not  been 
made. 

Sec.  5600.    The  arrangement  and  classification  of   the  several  sections  of  the 


92  ALASKA. 

revision  have  been  made  for  the  purpose  of  a  more  convenient  and  orderly 
arrangement  of  the  same,  and  therefore  no  inference  or  presumption  of  a  legis- 
lative construction  is  to  be  drawn  by  reason  of  the  Title,  under  which  any  par- 
ticular section  is  placed. 

Sec.  5601.  The  enactment  of  the  said  revision  is  not  to  affect  or  repeal  any 
act  of  Congress  passed  since  the  first  day  of  December,  one  thousand  eight  hun- 
dred and  seventy-three,  and  all  acts  passed  since  that  date  are  to  have  full  effect 
as  if  passed  after  the  enactment  of  this  revision,  and  so  far  as  such  acts  vary 
from,  or  conflict  with  any  provision  contained  in  said  revision,  they  are  to  have 
effect  as  subsequent  statutes,  and  as  repealing  any  portion  of  the  revision  incon- 
sistent therewith. 

Approved,  June  22,  1874. 


AN  ACT  to  amend  the  act  entitled  "An  act  to  promote  the  c'evelopment  of  the  mining  resources 
of  the  United  States,"  passed  May  tenth,  eighteen  hundred  and  seventy-two. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United  States 
of  America  in  Congress  assembled,  That  the  provisions  of  the  fifth  section  of 
the  act  entitled  "An  act  to  promote  the  development  of  the  mining  resources  of 
the  United  States,"  passed  May  tenth,  eighteen  hundred  and  seventy-two, 
which  requires  expenditures  of  labor  and  improvements  on  claims  located  prior 
to  the  passage  of  said  act,  are  hereby  so  amended  that  the  time  for  the  first 
annual  expenditure  on  claims  located  prior  to  the  passage  of  said  act  shall  be 
extended  to  the  first  day  of  January,  eighteen  hundred  and  seventy-five. 

Approved,  June  6,  1874  (18  Stat.,  61). 


AN  ACT  to  amend  section  two  thousand  three  hundred  and  twenty-four  of  the  Revised  Statutes, 
relating  to  the  development  of  the  mining  resources  of  the  United  States. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United  States 
of  America  in  Congress  assembled,  That  section  two  thousand  three  hundred 
and  twenty-four  of  the  Revised  Statutes  be,  and  the  same  is  hereby  amended  so 
that  where  a  person  or  company  has  or  may  run  a  tunnel  for  the  purpose  of 
developing  a  lode  or  lodes,  owned  by  said  person  or  company,  the  money  so 
expended  in  said  tunnel  shall  be  taken  and  considered  as  expended  on  said  lode 
or  lodes,  whether  located  prior  to  or  since  the  passage  of  said  act,  and  such 
person  or  company  shall  not  be  required  to  perform  work  on  the  surface  of  said 
lode  or  lodes  in  order  to  hold  the  same  as  required  by  said  act. 

Approved  February  11,  1875  (18  Stat.,  315). 


ALASKA.  93 

AN  ACT  to  exclude  the  States  of  Missouri  and  Kansas  from  the  provisions  of  the  act  of  Congress 
entitled  "An  act  to  promote  the  development  of  the  mining  resources  of  the  United  States," 
approved  May  tenth,  eighteen  hundred  and  seventy-two. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United  States 
of  America  in  Congress  assembled,  That  within  the  States  of  Missouri  and 
Kansas  deposits  of  coal,  iron,  lead,  or  other  mineral  be,  and  they  are  hereby, 
excluded  from  the  operation  of  the  act  entitled  "An  act  to  promote  the  develop- 
ment of  the  mining  resources  of  the  United  States,"  approved  May  tenth,  eight- 
een hundred  and  seventy-two,  and  all  lands  in  said  States  shall  be  subject  to 
disposal  as  agricultural  lands. 

Approved  May  5,  1876  (19  Stat.,  52). 


AN  ACT  authorizing  the  citizens  of  Colorado,  Nevada,  and  the  Territories  to  fell  and  remove  tim- 
ber on  the  public  domain  for  mining  and  domestic  purposes. 

Be  it  enacted  bv  the  Senate  and  House  of  Representatives  of  the  United  States 
of  America  in  Congress  assembled.  That  all  citizens  of  the  United  States  and 
other  persons,  bona  fide  residents  of  the  State  of  Colorado  or  Nevada,  or  either 
of  the  Territories  of  New  Mexico,  Arizona,  Utah,  Wyoming,  Dakota,  Idaho, 
or  Montana,  and  all  other  mineral  districts  of  the  United  States,  shall  be  and 
are  hereby,  authorized  and  permitted  to  fell  and  remove,  for  building,  agricul- 
tural, mining,  or  other  domestic  purposes,  any  timber  or  other  trees  growing  or 
being  on  the  public  lands,  said  lands  being  mineral,  and  not  subject  to  entry 
under  existing  laws  of  the  United  States,  except  for  mineral  entry,  in  either  of 
said  States,  Territories,  or  districts  of  which  such  citizens  or  persons  may  be  at 
the  time  bona  fide  residents,  subject  to  such  rules  and  regulations  as  the  Secre- 
tary of  the  Interior  may  prescribe  for  the  protection  of  the  timber  and  of  the 
undergrowth  growing  upon  such  lands,  and  for  other  purposes :  Provided,  The 
provisions  of  this  act  shall  not  extend  to  railroad  corporations. 

Sec.  2.  That  it  shall  be  the  duty  of  the  register  and  the  receiver  of  any  local 
land-office  in  whose  district  any  mineral  land  may  be  situated  to  ascertain  from 
time  to  time  whether  any  timber  is  being  cut  or  used  upon  any  such  lands, 
except  for  the  purposes  authorized  by  this  act,  within  their  respective  land  dis- 
tricts; and,  if  so,  they  shall  immediately  notify  the  Commissioner  of  the  General 
Land  Office  of  that  fact;  and  all  necessary  expenses  incurred  in  making  such 
proper  examinations  shall  be  paid  and  allowed  such  register  and  receiver  in 
making  up  their  next  quarterly  accounts. 

Sec.  3.  Any  person  or  persons  who  shall  violate  the  provisions  of  this  act,  or 
any  rules   and    regulations  in    pursuance   thereof  made   by  the  Secretary  of  the 


94 


ALASKA. 


Interior,  shall  be  deemed  guilty  of  a  misdemeanor,  and,  upon  conviction,  shall 
be  fined   in   any  sum  not  exceeding  five   hundred   dollars,  and   to  which  mav  be 
added  imprisonment  for  any  term  not  exceeding  six  months. 
Approved  June  3,  1878  (20  Stat.,  88). 


AN  ACT  to  amend  sections  twenty-three  hundred  and  twenty-four  and  twenty-three  hundred  and 
twenty-five  of  the  Revised  Statutes  of  the  United  States  concerning  mineral  lands. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United  States 
of  America  in  Congress  assembled.  That  section  twenty-three  hundred  and 
twenty-five  of  the  Revised  Statutes  of  the  United  States  be  amended  bv  adding 
thereto  the  following  words  :  ^^  Provided,  That  where  the  claimant  for  a  patent 
is  not  a  resident  of  or  within  the  land-district  wherein  the  vein,  lode,  ledge,  or 
deposit  sought  to  be  patented  is  located,  the  application  for  patent  and  the 
affidavits  required  to  be  made  in  this  section  by  the  claimant  for  such  patent 
may  be  made  by  his,  her,  or  its  authorized  agent,  where  said  agent  is  conversant 
with  the  facts  sought  to  be  established  by  such  affidavits :  And  provided.  That 
this  section  shall  apply  to  all  applications  now  pending  for  patents  to  mineral 
lands." 

Sec.  2.  That  section  twenty-three  hundred  and  twenty-four  of  the  Revised 
Statutes  of  the  United  States  be  amended  by  adding  the  following  words : 
^* Provided,  That  the  period  within  which  the  work  required  to  be  done  annu- 
ally on  all  unpatented  mineral  claims  shall  commence  on  the  first  day  of  January 
succeeding  the  date  of  location  of  such  claim,  and  this  section  shall  apply  to  all 
claims  located  since  the  tenth  day  of  May,  anno  Domini  eignteen  hundred  and 
seventv-two." 

Approved  January  22,   1880  (21  Stat.,  61). 


AN  ACT  to  amend  section  twentj'-three  hundred  and  twenty-six  of  the  Revised  Statutes  relating 
to  suits  at  law  affecting  the  title  to  mining-claims. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled.  That  if,  in  any  action  brought  pur- 
suant to  section  twenty-three  hundred  and  twenty-six  of  the  Revised  Statutes, 
title  to  the  ground  in  controversy  shall  not  be  established  by  either  party,  the 
jury  shall  so  find,  and  judgment  shall  be  entered  according  to  the  verdict.  In 
such  case  costs  shall  not  be  allowed  to  either  party,  and  the  claimant  shall  not 
proceed  in  the  land-office  or  be  entitled  to  a  patent  for  the  ground  in  contro- 
versy until  he  shall  have  perfected  his  title. 

Approved  March  3,  1881  (21  Stat.,  505). 


ALASKA.  95 

AN  ACT  to  amend  section   twenty-three   hundred  and  twenty-six  of  the  Revised   Statutes,  in 
regard  to  mineral  lauds,  and  for  other  purposes. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled:  That  the  adverse  claim  required  by 
section  twenty-three  hundred  and  twenty-six  of  the  Revised  Statutes  may  be 
verified  by  the  oath  of  any  duly  authorized  agent  or  attorney-in-fact  of  the 
adverse  claimant  cognizant  of  the  facts  stated;  and  the  adverse  claimant,  if 
residing  or  at  the  time  being  beyond  the  limits  of  the  district  wherein  the  claim 
is  situated,  may  make  oath  to  the  adverse  claim  before  the  clerk  of  any  court  of 
record  of  the  United  States  or  the  State  or  Territory  where  the  adverse  claim- 
ant may  then  be,  or  before  any  notary  public  of  such  State  or  Territory. 

Sec.  2.  That  applicants  for  mineral  patents,  if  residing  beyond  the  limits  of 
the  district  wherein  the  claim  is  situated,  may  make  any  oath  or  affidavit  required 
for  proof  of  citizenship  before  the  clerk  of  any  court  of  record,  or  before  any 
notary  public  of  any  State  or  Territory. 

Approved  April  26,  1882.      (22  Stat.,  49.) 


AN  ACT  to  exclude  the  public  lands  in  Alabama  from  the  operation  of  the  laws  relating  to  mineral 

lands. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United  States 
of  America  in  Congress  assembled.  That  within  the  State  of  Alabama  all  public 
lands,  whether  mineral  or  otherwise,  shall  be  subject  to  disposal  only  as  agricultural 
lands:  Provided,  however.  That  all  lands  which  have  heretofore  been  reported 
to  the  General  Land  Office  as  containing  coal  and  iron  shall  first  be  offered  at 
public  sale:  And  provided  further.  That  any  bona  fide  entry  under  the  provi- 
sions of  the  homestead  law  of  lands  within  said  State  heretofore  made  may  be 
patented  without  reference  to  an  act  approved  May  tenth,  eighteen  hundred  and 
seventy-two,  entitled,  "An  act  to  promote  the  development  of  the  mining 
resources  of  the  United  States,"  in  cases  where  the  persons  making  application 
for  such  patents  have  in  all  other  respects  complied  with  the  homestead  law 
relating  thereto. 

Approved,  March  3,  1883.      (22  Stat.,  487.) 


AN  ACT  providing  a  civil  government  for  Alaska. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United  States 
of  America  in  Congress  Assembled,        ******* 

Sec  8.  That  the  said  district  of  Alaska  is  hereby  created  a  land  district,  and 
a  United  States   land  office  for  said  district  is  hereby  located  at  Sitka.      The 


96  ALASKA. 

commissioner  provided  for  by  this  act  to  reside  at  Sitka  shall  be  ex  officio  register 
of  said  land  office,  and  the  clerk  provided  for  by  this  act  shall  be  ex  officio  receiver 
of  public  moneys  and  the  marshal  provided  for  by  this  act  shall  be  ex  officio 
surveyor-general  of  said  district  and  the  laws  of  the  United  States  relating  to 
mining  claims,  and  the  rights  incident  thereto,  shall,  from  and  after  the  passage 
of  this  act,  be  in  full  force  and  effect  in  said  district,  under  the  administration 
thereof  herein  provided  for,  subject  to  such  regulations  as  may  be  made  by  the 
Secretary  of  the  Interior,  approved  by  the  President:  Provided,  That  the 
Indians  or  other  persons  in  said  district  shall  not  be  disturbed  in  the  possession 
of  any  lands  actually  in  their  use  or  occupation  or  now  claimed  by  them,  but  the 
terms  under  which  such  persons  may  acquire  title  to  such  lands  is  reserved  for 
future  legislation  by  Congress:  And  provided  further ,  That  parties  who  have 
located  mines  or  mineral  privileges  therein  under  the  laws  of  the  United  States 
applicable  to  the  public  domain,  or  who  have  occupied  and  improved  or  exer- 
cised acts  of  ownership  over  such  claims,  shall  not  be  disturbed  therein,  but  shall 
be  allowed  to  perfect  their  title  to  such  claims  by  payment  as  aforesaid:  And 
provided  also,  That  the  land  not  exceeding  six  hundred  and  forty  acres  at  any 
station  now  occupied  as  missionary  stations  among  the  Indian  tribes  in  said 
section,  with  the  improvements  thereon  erected  by  or  for  such  societies,  shall  be 
continued  in  the  occupancy  of  the  several  religious  societies  to  which  said  mis- 
sionary stations  respectively  belong  until  action  by  Congress.  But  nothing 
contained  in  this  act  shall  be  construed  to  put  in  force  in  said  district  the  general 
land  laws  of  the  United  States. 

*  *  ■  *  *  4:  *  * 

Approved  May  17,  1884.     (23  Stat.,  24.) 


AN  ACT  making  appropriations  for  sundrj'  ci\nl  expenses  of  the  Government  for  the  fiscal  year 
ending  June  thirtieth,  eighteen  hundred  and  ninety-one,  and  for  other  purposes. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United  States 
of  America  in  Congress  assembled,  ***** 

No  person  who  shall,  after  the  passage  of  this  act,  enter  upon  any  of  the 
public  lands  with  a  view  to  occupation,  entry,  or  settlement  under  any  of  the  land 
laws  shall  be  permitted  to  acquire  title  to  more  than  three  hundred  and  twenty 
acres  in  the  aggregate,  under  all  of  said  laws,  but  this  limitation  shall  not  operate 
to  curtail  the  right  of  any  person  who  has  heretofore  made  entry  or  settlement 
on  the  public  lands,  or  whose  occupation,  entry,  or  settlement  is  validated  by 
this  act:  Provided,  That  in  all  patents  for  lands  hereafter  taken  up  under  any 
of  the  land  laws  of  the  United  States  or  on  entries  or  claims  validated  by  this 


ALASKA. 


97 


act,  west   of  the   one   hundredth  meridian   it    shall    be   expressed   that    there  is 
reserv'ed   from   the  lands  in    said    patent  described  a   right   of  wav  thereon  for 
ditches  or  canals  constructed  by  the  authority  of  the  United  States.      *       *      * 
Approved  August  30,  1890.      (26  Stat.,  371.) 


AN  ACT  to  repeal  timber-culture  laws,  and  for  other  purposes. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled,  *         =h         *         *         *         * 

Sec.  16.  That  townsite  entries  may  be  made  by  incorporated  towns  and  cities 
on  the  mineral  lands  of  the  United  States,  but  no  title  shall  be  acquired  by  such 
towns  or  cities  to  any  vein  of  gold,  silver,  cinnabar,  copper,  or  lead,  or  to  any 
valid  mining  claim  or  possession  held  under  existing  law.  When  mineral  veins 
are  possessed  within  the  limits  of  an  incorporated  town  or  city,  and  such  pos- 
session is  recognized  by  local  authority  or  by  the  laws  of  the  United  States,  the 
title  to  town  lots  shall  be  subject  to  such  recognized  possession  and  the  necessary 
use  thereof  and  when  entry  has  been  made  or  patent  issued  for  such  townsites 
to  such  incorporated  town  or  city,  the  possessor  of  such  mineral  vein  may  enter 
and  receive  patent  for  such  mineral  vein,  and  the  surface  ground  appertaining 
thereto:  Provided,  That  no  entry  shall  be  made  by  such  mineral-vein  claimant 
for  surface  ground  where  the  owner  or  occupier  of  the  surface  ground  shall  have 
had  possession  of  the  same  before  the  inception  of  the  title  of  the  mineral-vein 
applicant. 

Sec.  I  7.  That  reservoir  sites  located  or  selected  and  to  be  located  and  selected 
under  the  provisions  of  "An  act  making  appropriations  for  sundrv  civil  expenses 
of  the  Government  for  the  fiscal  year  ending  June  thirtieth,  eighteen  hundred 
and  eighty-nine,  and  for  other  purposes,"  and  amendments  thereto,  shall  be 
restricted  to  and  shall  contain  only  so  much  land  as  is  actually  necessary  for  the 
construction  and  maintenance  of  reservoirs,  excluding  so  far  as  practicable  lands 
occupied  by  actual  settlers  at  the  date  of  the  location  of  said  reservoirs,  and  that 
the  provisions  of  "An  act  making  appropriations  for  sundry  civil  expenses  of 
the  Government  for  the  fiscal  year  ending  June  thirtieth,  eighteen  hundred  and 
ninety-one,  and  for  other  purposes,"  which  reads  as  follows,  viz:  "No  person 
who  shall  after  the  passage  of  this  act  enter  upon  any  of  the  public  lands  with  a 
view  to  occupation,  entry,  or  settlement  under  any  of  the  land  laws  shall  be  per- 
mitted to  acquire  title  to  more  than  three  hundred  and  twenty  acres  in  the 
aggregate  under  all  said  laws,"  shall  be  construed  to  include  in  the  maximum 
amount  of  lands  the  title  to  which  is  permitted  to  be  acquired  by  one  person 
i^-Q.  80 7 


98  ALASKA. 

only  agricultural  lands  and  not   include  lands   entered   or  sought   to   be   entered 
under  mineral  land  laws. 

^  :(:  ^  :)<  4:  H^  4: 

Approved,  March  t,,   1891.      (26  Stat.,   1095.) 

MINERAL     LANDS     OPEN     TO     EXPLORATION,     OCCUPATION,     AND     PURCHASE. 

1.  It  will  he  perceived  that  by  the  foregoing  provisions  ot  law  the  mineral 
lands  in  the  public  domain,  surveyed  or  unsurveyed,  are  open  to  exploration, 
occupation,  and  purchase  by  all  citizens  of  the  United  States  and  all  those  who 
have  declared  their  intentions  to  become  such. 

STATUS     OK     LODE-CLAIMS     LOCATED     PRIOR     TO     MAV      1  O,     1872. 

2.  Bv  an  examination  ot  the  several  sections  ot  the  Revised  Statutes  it  will 
be  seen  that  the  status  of  lode-claims  locax^ed  previous  to  the  loth  May,  1872, 
is  not  changed  with  regard  to  their  extent  along  the  lode  or  width  of  surface. 

3.  Mining  rights  acquired  under  such  previous  locations  are,  however,  enlarged 
by  such  Revised  Statutes  in  the  following  respect,  viz :  The  locators  of  all  such 
previouslv  taken  veins  or  lodes,  their  heirs  and  assigns,  so  long  as  they  comply 
with  the  laws  of  Congress  and  with  State,  Territorial,  or  local  regulations 
not  in  conflict  therewith,  governing  mining  claims,  are  invested  with  the  exclu- 
sive possessory  right  of  all  the  surface  included  within  the  lines  of  their  loca- 
tions, and  of  all  veins,  lodes,  or  ledges  throughout  their  entire  depth,  the  top 
or  apex  of  which  lies  inside  of  such  surface  lines  extended  downward  vertically, 
although  such  veins,  lodes,  or  ledges  mav  so  far  depart  from  a  perpendicular  in 
their  course  downward  as  to  extend  outside  the  vertical  side-lines  of  such  loca- 
tions at  the  surface,  it  being  expressly  provided,  however,  that  the  right  ot  pos- 
session to  such  outside  parts  of  said  veins  or  ledges  shall  be  confined  to  such 
portions  thereof  as  lie  between  vertical  planes  drawn  downward,  as  aforesaid, 
through  the  end  lines  of  their  locations  so  continued  in  their  own  direction  that 
such  planes  will  intersect  such  exterior  parts  of  such  veins,  lodes,  or  ledges;  no 
right  being  granted,  however,  to  the  claimant  of  such  outside  portion  of  a  vein 
or  ledge  to  enter  upon  the  surface  location  of  another  claimant. 

4.  It  is  to  be  distinctly  understood,  however,  that  the  law  limits  the  possess- 
ory right  to  veins,  lodes,  or  ledges,  other  than  the  one  named  in  the  original 
location,  to  such  as  were  not  adversely  claimed  on  May  10,  i8j2,  and  that 
where  such  other  vein  or  ledge  was  so  adversely  claimed  at  that  date,  the  right 
of  the  partv  so  adverselv  claiming  is  in  no  wav  impaired  by  the  provisions  ot 
the  Revised  Statutes. 

5.  In  order  to  hold  the  possessory  title  to  a  mining  claim  located  prior  to 
May  10,  1872,  and  for  which  a  patent  has  not  been  issued^  the  law  requires  that 


ALASKA.  99 

ten  dollars  shall  be  expended  annually  in  labor  or  improvements  on  each  claim 
of  one  hundred  J^eet  on  the  course  of  the  vein  or  lode  until  a  patent  shall  have 
been  issued  therefor;  but  where  a  number  of  such  claims  are  held  in  common 
upon  the  same  vein  or  lode,  the  aggregate  expenditure  that  would  be  necessary 
to  hold  all  the  claims,  at  the  rate  oi  ten  dollars  per  hundred  feet,  may  be  made 
upon  any  one  claim;  a  failure  to  comply  with  this  requirement  in  any  one  year 
subjecting  the  claim  upon  which  such  failure  occurred  to  relocation  by  other 
parties,  the  same  as  if  no  previous  location  thereof  had  ever  been  made,  unless 
the  claimants  under  the  original  location  shall  have  resumed  work  thereon  after 
such  failure  and  before  such  relocation.  The  first  annual  expenditure  upon 
claims  oi  this  class  should  have  been  performed  subsequent  to  May  lo,  1872, 
and  prior  to  January  1,  1875.  From  and  after  January  1,  1875,  the  required 
amount  must  be  expended  annually  until  patent  issues.  By  decision  of  the 
honorable  Secretary  of  the  Interior,  dated  March  4,  1879,  such  annual  expendi- 
tures are  not  required  subsequent  to  entry,  the  date  of  issuing  the  patent  certifi- 
cate being  the  date  contemplated  by  statute. 

6.  Upon  the  failure  of  any  one  of  several  co-owners  of  a  vein,  lode,  or  ledge, 
which  has  not  been  entered,  to  contribute  his  proportion  of  the  expenditures 
necessary  to  hold  the  claim  or  claims  so  held  in  ownership  in  common,  the  co- 
owners,  who  have  performed  the  labor  or  made  the  improvements  as  required 
by  said  Revised  Statutes,  may,  at  the  expiration  of  the  year,  give  such  delin- 
quent co-owner  personal  notice  in  writing,  or  notice  by  publication  in  the  news- 
paper published  nearest  the  claim  for  at  least  once  a  week  for  ninety  days;  and 
if  upon  the  expiration  of  ninety  days  after  such  notice  in  writing,  or  upon  the 
expiration  of  one  hundred  and  eighty  days  after  the  first  newspaper  publication 
of  notice,  the  delinquent  co-owner  shall  have  failed  to  contribute  his  proportion 
to  meet  such  expenditures  or  improvements,  his  interest  in  the  claim  by  law 
passes  to  his  co-owners  who  have  made  the  expenditures  or  improvements  as 
aforesaid.  Where  a  claimant  alleges  ownership  of  a  forfeited  interest  under  the 
foregoing  provision,  the  sworn  statement  of  the  publisher  as  to  the  facts  of  pub- 
lication, giving  dates  and  a  printed  copy  of  the  notice  published,  should  be  fur- 
nished, and  the  claimant  must  swear  that  the  delinquent  co-owner  failed  to 
contribute  his  proper  proportion  within  the  period  fixed   by  the  statute. 

PATENTS     FOR     VEINS     OR     LODES     HERETOFORE     ISSUED. 

7.  Rights  under  patents  for  veins  or  lodes  heretofore  granted  under  previous 
legislation  of  Congress  are  enlarged  by  the  Revised  Statutes  so  as  to  invest  the 
patentee,  his  heirs  or  assigns,  with  title  to  all  veins,  lodes,  or  ledges  throughout 
their  entire  depth,  the  top  or  apex  of  which  lies  within  the  end  and  side  bound- 
ary lines  of  his  claim  on  the  surface,  as  patented,  extended  downward  vertically^ 


lOO  ALASKA. 

although  such  veins,  lodes,  or  ledges  may  so  far  depart  from  a  perpendicular  in 
their  course  downward  as  to  extend  outside  the  vertical  side-lines  of  the  claim 
at  the  surface.  The  right  of  possession  to  such  outside  parts  of  such  veins  or 
ledges  to  be  confined  to  such  portions  thereof  as  lie  between  vertical  planes 
drawn  downward  through  the  end  lines  of  the  claims  at  the  surface,  so  con- 
tinued in  their  own  direction  that  such  planes  will  intersect  such  exterior  parts 
of  such  veins  or  ledges;  it  being  expressly  provided,  however,  that  all  veins, 
lodes,  or  ledges,  the  top  or  apex  of  which  lies  inside  such  surface  locations, 
other  than  the  one  named  in  the  patent,  which  were  adversely  claimed  on  the 
lOth  May,  18^2,  are  excluded  from  such  conveyance  by  patent. 

8.  Applications  for  patents  for  mining-claims  pending  at  the  date  of  the  act 
of  May  10,  1872,  may  be  prosecuted  to  final  decision  in  the  General  Land 
Office,  and  where  no  adverse  rights  are  affected  thereby,  patents  will  be  issued 
in  pursuance  of  the  provisions  of  the  Revised  Statutes. 

MANNER     OF     LOCATING     CLAIMS     ON     VEINS     OR     LODES     AFTER     MAY     1 0,     1872. 

9.  From  and  after  the  loth  May,  1872,  any  person  who  is  a  citizen  of  the 
United  States,  or  who  has  declared  his  intention  to  become  a  citizen,  may  locate, 
record,  and  hold  a  mining  claim  of  fifteen  hundred  linear  feet  along  the  course 
of  any  mineral  vein  or  lode  subject  to  location;  or  an  association  of  persons, 
severally  qualified  as  above,  may  make  joint  location  of  such  claim  oi ffteen 
hundred  feet,  but  in  no  event  can  a  location  of  a  vein  or  lode  made  subsequent 
to  May  10,  1872,  exceed  fifteen  hundred  feet  along  the  course  thereof,  whatever 
may  be  the  number  of  persons  composing  the  association. 

10.  With  regard  to  the  extent  of  surface-ground  adjoining  a  vein  or  lode,  and 
claimed  for  the  convenient  working  thereof,  the  Revised  Statutes  provide  that 
the  lateral  extent  of  locations  of  veins  or  lodes  made  after  May  10,  1872,  shall 
in  no  case  exceed  three  hundred  feet  on  each  side  of  the  middle  of  the  vein  at 
the  surface,  and  that  no  such  surface  rights  shall  be  limited  by  any  mining  regu- 
lations to  less  than  twenty-five  feet  on  each  side  of  the  middle  of  the  vein  at 
the  surface,  except  where  adverse  rights  existing  on  the  10th  May,  1872,  may 
render  such  limitation  necessary ;  the  end-lines  of  such  claims  to  be  in  all  cases 
parallel  to  each  other.  Said  lateral  measurements  cannot  extend  beyond  three 
hundred  feet  on  either  side  of  the  middle  of  the  vein  at  the  surface,  or  such 
distance  as  is  allowed  by  local  laws.  For  example:  400  feet  cannot  be  taken  on 
one  side  and  200  feet  on  the  other.  If,  however,  300  feet  on  each  side  are 
allowed,  and  by  reason  of  prior  claims  but  100  feet  can  be  taken  on  one  side,  the 
locator  will  not  be  restricted  to  less  than  300  feet  on  the  other  side;  and  when 
the  locator  does  not  determine  by  exploration  zvhere  the  middle  of  the  vein  at 
the  surface  is,  his  discovery  shaft  must  be  assumed  to  mark  such  point. 


ALASKA.  101 

11.  Bv  the  foregoing  it  will  be  perceived  that  no  lode-claim  located  after  the 
loth  May,  1872,  can  exceed  a  parallelogram  fifteen  hundred  feet  in  length  by 
six  hundred  feet  in  width,  but  whether  surface-ground  of  that  width  can  be  taken, 
depends  upon  the  local  regulations  or  State  or  Territorial  laws  in  force  in  the 
several  mining  districts;  and  that  no  such  local  regulations  or  State  or  Territo- 
rial laws  shall  limit  a  vein  or  lode  claim  to  less  than  fifteen  hundred  feet  along 
the  course  thereof,  whether  the  location  is  made  by  one  or  more  persons,  nor 
can  surface  rights  be  limited  to  less  than  fifty  feet  in  width,  unless  adverse  claims 
existing  on  the  10th  day  of  May,  1872,  render  such  lateral  limitation  necessary. 

12.  It  is  provided  by  the  Revised  Statutes  that  the  miners  of  each  district 
may  make  rules  and  regulations  not  in  conflict  with  the  laws  of  the  United 
States,  or  ot  the  State  or  Territory  in  which  such  districts  are  respectively  sit- 
uated, governing  the  location,  manner  of  recording,  and  amount  of  work  neces- 
sary to  hold  possession  of  a  claim.  They  likewise  require  that  the  location 
shall  be  so  distinctly  marked  on  the  ground  that  its  boundaries  may  be  readily 
traced.  This  is  a  very  important  matter,  and  locators  cannot  exercise  too  much 
care  in  defining  their  locations  at  the  outset,  inasmuch  as  the  law  requires  that 
all  records  of  mining  locations  made  subsequent  to  May  10,  1872,  shall  contain 
the  name  or  names  of  the  locators,  the  date  of  the  location,  and  such  a  descrip- 
tion of  the  claim  or  claims  located,  by  reference  to  some  natural  object  or 
permanent  monument,  as  will  identify  the  claim. 

13.  The  statutes  provide  that  no  lode-claim  shall  be  recorded  until  after  the 
discovery  of  a  vein  or  lode  within  the  limits  of  the  claim  located,  the  object  of 
which  provision  is  evidently  to  prevent  the  appropriation  of  presumed  mineral 
ground  for  speculative  purposes  to  the  exclusion  of  bona  fide  prospectors,  before 
sufficient  work  has  been  done   to  determine  whether  a  vein  or  lode  really  exists. 

14.  The  claimant  should,  therefore,  prior  to  locating  his  claim,  unless  the 
vein'can  be  traced  upon  the  surface,  sink  a  shaft,  or  run  a  tunnel  or  drift,  to  a 
sufficient  depth  therein  to  discover  and  develop  a  mineral-bearing  vein,  lode,  or 
crevice;  should  determine,  if  possible,  the  general  course  of  such  vein  in  either 
direction  from  the  point  of  discovery,  by  which  direction  he  will  be  governed  in 
marking  the  boundaries  of  his  claim  on  the  surface.  His  location  notice  should 
give  the  course  and  distance  as  nearly  as  practicable  from  the  discovery-shaft  on 
the  claim,  to  some  permanent,  well-known  points  or  objects,  such,  for  instance, 
as  stone  monuments,  blazed  trees,  the  confluence  of  streams,  point  of  intersec- 
tion of  well-known  gulches,  ravines,  or  roads,  prominent  buttes,  hills,  etc., 
which  may  be  in  the  immediate  vicinity,  and  which  will  serve  to  perpetuate  and 
fix  the  locus  of  the  claim  and  render  it  susceptible  of  identification  from  the 
description  thereof  given  in  the  record  of  locations  in  the  district,  and  should 
be  duly  recorded. 


102  ALASKA. 

15.  In  addition  to  the  foregoing  data,  the  claimant  should  state  the  names  of 
adjoining  claims,  or,  if  none  adjoin,  the  relative  positions  of  the  nearest  claims; 
should  drive  a  post  or  erect  a  monument  of  stones  at  each  corner  of  his  surface- 
ground,  and  at  the  point  of  discovery  or  discovery  shaft  should  fix  a  post,  stake, 
or  board,  upon  which  should  be  designated  the  name  of  the  lode,  the  name  or 
names  of  the  locators,  the  number  of  feet  claimed,  and  in  which  direction  from 
the  point  of  discovery ;  it  being  essential  that  the  location  notice  filed  for  record, 
in  addition  to  the  foregoing  description  should  state  whether  the  entire  claim 
of  fifteen  hundred  feet  is  taken  on  one  side  of  the  point  of  discovery,  or  whether 
it  is  partly  upon  one  and  partly  upon  the  other  side  thereof,  and  in  the  latter 
case,  how  many  feet  are  claimed  upon  each  side  of  such  discovery-point. 

16.  Within  a  reasonable  time,  say  twenty  days  after  the  location  shall  have 
been  marked  on  the  ground,  or  such  time  as  is  allowed  by  the  local  laws,  notice 
thereof,  accurately  describing  the  claim  in  manner  aforesaid,  should  be  filed  for 
record  with  the  proper  recorder  of  the  district,  who  will  thereupon  issue  the 
usual  certificate  of  location. 

17.  In  order  to  hold  the  possessory  right  to  a  location  made  since  May  10, 
1872,  not  less  than  one  hundred  dollars'  worth  of  labor  must  be  performed,  or 
improvements  made  thereon  annually  until  entry  shall  have  been  made.  Under 
the  provisions  of  the  act  of  Congress  approved  January  22,  1880,  the  first 
annual  expenditure  becomes  due  and  must  be  performed  during  the  calendar 
year  succeeding  that  in  which  the  location  was  made.  Expenditure  made  or 
labor  performed  prior  to  the  first  day  of  January  succeeding  the  date  of  loca- 
tion will  not  be  considered  as  a  part  of,  or  applied  upon  the  first  annual  expend- 
iture required  by  law.  Failure  to  make  the  expenditure  or  perform  the  labor 
required  will  subject  the  claim  to  relocation  by  any  other  party  having  the 
necessary  qualifications,  unless  the  original  locator,  his  heirs,  assigns,  or  legal 
representatives  have  resumed  work  thereon  after  such  failure  and  before  such 
relocation. 

18.  The  expenditures  required  upon  mining-claims  mav  be  made  from  the 
surface  or  in  running  a  tunnel  for  the  development  of  such  claims,  the  act  of 
February  1  1,  1875,  providmg  that  where  a  person  or  company  has,  or  may,  run 
a  tunnel  for  the  purpose  of  developing  a  lode  or  lodes  owned  by  said  person  or 
company,  the  money  so  expended  in  said  tunnel  shall  be  taken  and  considered 
as  expended  on  said  lode  or  lodes,  and  such  person  or  company  shall  not  be 
required  to  perform  work  on  the  surface  of  said  lode  or  lodes  in  order  to  hold 
the  same.  o 

19.  The  importance  of  attending  to  these  details  in  the  matter  of  location, 
labor,  and  expenditure  will  be  the  more  readily  perceived  when  it  is  understood 
that  a  failure  to  give  the  subject  proper  attention  may  invalidate  the  claim. 


ALASKA. 


TUNNEL     RIGHTS. 


io3 


20.  Section  2323  provides  that  where  a  tunnel  is  run  for  the  development  of 
a  vein  or  lode,  or  for  the  discovery  of  mines,  the  owners  of  such  tunnels  shall 
have  the  right  of  possession  of  all  veins  or  lodes  within  three  thousand  feet  from 
the  face  of  such  tunnel  on  the  line  thereof,  not  oreviously  known  to  exist,  dis- 
covered in  such  tunnel,  to  the  same  extent  as  if  discovered  from  the  surface; 
and  locations  on  the  line  of  such  tunnel  or  veins  or  lodes  not  appearing  on  the 
surface,  made  by  other  parties  after  the  commencement  of  the  tunnel,  and  while 
the  same  is  being  prosecuted  with  reasonable  diligence,  shall  be  invalid;  but 
failure  to  prosecute  the  work  on  the  tunnel  for  six  months  shall  be  considered 
as  an  abandonment  ot  the  right  to  all  undiscovered  veins  or  lodes  on  the  line  of 
said  tunnel. 

The  effect  of  this  is  simply  to  give  the  proprietors  of  a  mining  tunnel  run  in 
good  faith  the  possessory  right  to  fifteen  hundred  feet  of  any  blind  lodes  cut,  dis- 
covered, or  intersected  by  such  tunnel,  which  were  not  previously  known  to 
exist,  within  three  thousand  feet  from  the  face  or  point  of  commencement  of 
such  tunnel,  and  to  prohibit  other  parties,  after  the  commencement  of  the  tun- 
nel, from  prospecting  for  and  making  locations  of  lodes  on  the  line  thereof  and 
within  said  distance  of  three  thousand  feet,  unless  such  lodes  appear  upon  the 
surface  or  were  previously  known  to  exist. 

22.  The  term  "face,"  as  used  in  said  section,  is  construed  and  held  to  mean 
the  first  working-face  formed  in  the  tunnel,  and  to  signify  the  point  at  which  the 
tunnel  actually  enters  cover;  it  being  from  this  point  that  the  three  thousand 
feet  are  to  be  counted,  upon  which  prospecting  is  prohibited  as  aforesaid. 

23.  To  avail  themselves  of  the  benefits  of  this  provision  0/  law,  the  proprie- 
tors of  a  mining  tunnel  will  be  required,  at  the  time  they  enter  cover  as  afore- 
said, to  give  proper  notice  of  their  tunnel  location  by  erecting  a  substantial 
post,  board,  or  monument  at  the  face  or  point  of  commencement  thereof,  upon 
which  should  be  posted  a  good  and  sufficient  notice,  giving  the  names  of  the 
parties  or  company  claiming  the  tunnel-right;  the  actual  or  proposed  course  or 
direction  of  the  tunnel;  the  height  and  width  thereof,  and  the  course  and  dis- 
tance from  such  face  or  point  of  commencement  to  some  permanent  well-known 
objects  in  the  vicinity  by  which  to  fix  and  determine  the  locus  in  manner  here- 
tofore set  forth  applicable  to  locations  of  veins  or  lodes,  and  at  the  time  of 
posting  such  notice  they  shall,  in  order  that  miners  or  prospectors  may  be 
enabled  to  determine  whether  or  not  they  are  within  the  lines  of  the  tunnel, 
establish  the  boundary  lines  thereof,  by  stakes  or  monuments  placed  along  such 
lines  at  proper  intervals,  to  the  terminus  of  the  three  thousand  feet  from  the 
face   or    point   of  commencement   of  the   tunnel,  and    the   lines   so   marked  will 


104  ALASKA. 

define  and  govern  as  to  the  specific  boundaries  within  which  prospecting  tor 
lodes  not  previously  known  to  exist  is  prohibited  while  work  on  the  tunnel  is 
being  prosecuted  with  reasonable  diligence. 

24.  At  the  time  of  posting  notice  and  marking  out  the  lines  of  the  tunnel  as 
aforesaid,  a  full  and  correct  copy  of  such  notice  of  location  defining  the  tunnel 
claim  must  be  filed  tor  record  with  the  mining  recorder  of  the  district,  to  which 
notice  must  be  attached  the  sworn  statement  or  declaration  of  the  owners,  claim- 
ants, or  projectors  of  such  tunnel,  setting  forth  the  facts  in  the  case;  stating  the 
amount  expended  by  themselves  and  their  predecessors  in  interest  in  prosecuting 
work  thereon;  the  extent  of  the  work  performed,  and  that  it  is  bona  Jide  their 
intention  to  prosecute  work  on  the  tunnel  so  located  and  described  with  reason- 
able diligence  for  the  development  of  a  vein  or  lode,  or  for  the  discovery  of 
mines,  or  both,  as  the  case  may  be.  This  notice  of  location  must  be  duly 
recorded,  and,  with  the  said  sworn  statement  attached,  kept  on  the  recorder's 
files  for  future  reference. 

25.  By  a  compliance  with  the  foregoing  much  needless  difiiculty  will  be 
avoided,  and  the  way  for  the  adjustment  of  legal  rights  acquired  in  virtue  of 
said  section  2323  will  be  made  much  more  easy  and  certain. 

26.  This  office  will  take  particular  care  that  no  improper  advantage  is  taken 
of  this  provision  of  law  by  parties  making  or  professing  to  make  tunnel  locations, 
ostensibly  for  the  purposes  named  in  the  statute,  but  really  for  the  purpose  of 
monopolizing  the  lands  lying  in  front  of  their  tunnels  to  the  detriment  of  the 
mining  interests  and  to  the  exclusion  of  bona  fide  prospectors  or  miners,  but 
will  hold  such  tunnel  claimants  to  a  strict  compliance  with  the  terms  of  the 
statutes;  and  a  reasonable  diligence  on  their  part  in  prosecuting  the  work  is 
one  of  the  essential  conditions  of  their  implied  contract.  Negligence  or  want 
of  due  diligence  will  be  construed  as  working  a  forfeiture  of  their  right  to  all 
undiscovered  veins  on  the  line  of  such  tunnel. 

MANNER    OF    PROCEEDING    TO    OBTAIN    GOVERNMENT    TITLE    TO   VEIN    OR    LODE    CLAIMS. 

27.  By  section  2325  authority  is  given  for  granting  titles  for  mines  by  patent 
from  the  Government  to  any  person,  association,  or  corporation  having  the 
necessary  qualifications  as  to  citizenship  and  holding  the  right  of  possession  to  a 
claim  in  compliance  with  law. 

28.  The  claimant  is  required  in  the  first  place  to  have  a  correct  survey  of 
his  claim  made  under  authority  of  the  surveyor-general  of  the  State  or  Terri- 
tory in  which  the  claim  lies;  such  survey  to  show  with  accuracy  the  exterior 
surface  boundaries  of  the  claim,  which  boundaries  are  required  to  be  distinctly 
marked  by  monuments  on  the  ground.  Four  plats  and  one  copy  of  the  original 
field  notes,  in  each  case,  will  be  prepared  by  the  surveyor-general;   one  plat  and 


I 


ALASKA.  105 

the  original  field  notes  to  be  retained  in  the  office  of  the  surveyor-general,  one 
copy  of  the  plat  to  be  given  the  claimant  tor  posting  upon  the  claim,  one  plat 
and  a  copy  of  the  field  notes  to  be  given  the  claimant  for  filing  with  the  proper 
register,  to  be  finally  transmitted  by  that  officer,  with  other  papers  in  the  case, 
to  this  office,  and  one  plat  to  be  sent  by  the  surveyor-general  to  the  register  of 
the  proper  land  district  to  be  retained  on  his  files  for  future  reference.  As  there 
is  no  resident  surveyor-general  for  the  State  of  Arkansas,  applications  for  the 
survey  of  mineral  claims  in  said  State  should  be  made  to  the  Commissioner  of 
this  office,  who,  under  the  law,  is  ex  officio  the  U.  S.  surveyor-general. 

29.  The  claimant  is  then  required  to  post  a  copy  of  the  plat  of  such  survey 
in  a  conspicuous  place  upon  the  claim,  together  with  notice  of  his  intention  to 
apply  for  a  patent  therefor,  which  notice  will  give  the  date  of  posting,  the  name 
of  the  claimant,  the  name  of  the  claim,  mine,  or  lode;  the  mining  district  and 
county;  whether  the  location  is  of  record,  and,  if  so,  where  the  record  may  be 
found ;  the  number  of  feet  claimed  along  the  vein  and  the  presumed  direction 
thereof;  the  number  of  feet  claimed  on  the  lode  in  each  direction  from  the  point 
of  discovery,  or  other  well-defined  place  on  the  claim ;  the  name  or  names  of 
adjoining  claimants  on  the  same  or  other  lodes  ;  or,  if  none  adjoin,  the  names 
of  the  nearest  claims,  d'c. 

30.  After  posting  the  said  plat  and  notice  upon  the  premises,  the  claimant 
will  file  with  the  proper  register  and  receiver  a  copy  of  such  plat  and  the  field 
notes  of  survey  of  the  claim,  accompanied  by  the  affidavit  of  at  least  two  cred- 
ible witnesses,  that  such  plat  and  notice  are  posted  conspicuously  upon  the  claim, 
giving  the  date  and  place  of  such  posting;  a  copy  of  the  notice  so  posted  to  be 
attached  to,  and  form  a  part  of,  said  affidavit. 

31.  Accompanying  the  field  notes  so  filed  must  be  the  sworn  statement  of  the 
claimant  that  he  has  the  possessory  right  to  the  premises  therein  described,  in 
virtue  of  a  compliance  by  himself  (and  by  his  grantors,  if  he  claims  by  purchase) 
with  the  mining  rules,  regulations,  and  customs  of  the  mining-district,  State,  or 
Territory  in  which  the  claim  lies,  and  with  the  mining  laws  of  Congress;  such 
sworn  statement  to  narrate  briefly,  but  as  clearly  as  possible,  the  facts  consti- 
tuting such  compliance,  the  origin  of  his  possession,  and  the  basis  of  his  claim 
to  a  patent. 

32.  This  affidavit  should  be  supported  by  appropriate  evidence  from  the 
mining  recorder's  office  as  to  his  possessory  right,  as  follows,  viz:  Where  he 
claims  to  be  the  locator,  or  a  locator  in  company  with  others  who  have  since 
conveyed  their  interest  in  the  location  to  him,  a  full,  true,  and  correct  copy  of 
such  location  should  be  furnished,  as  the  same  appears  upon  the  mining  records ; 
such  copy  to  be  attested  by  the  seal  of  the  recorder,  or  if  he  has  no  seal,  then 
he  should  make  oath  to  the  same  being  correct,  as  shown  by  his  records.     Where 


lo6  ALASKA. 

the  applicant  claims  only  as  a  purchaser  tor  valuable  consideration,  a  copy  ot 
the  location  record  must  be  filed  under  seal  or  upon  oath  as  aforesaid,  with  an 
abstract  of  title  from  the  proper  recorder,  under  seal  or  oath  as  aforesaid,  brought 
down  as  near  as  practicable  to  date  of  filing  the  application,  tracing  the  right  of 
possession  by  a  continuous  chain  of  conveyances  from  the  original  locators  to 
the  applicant,  also  certifying  that  no  conveyances  affecting  the  title  to  the  claim 
in  question  appear  of  record  in  his  office  other  than  those  set  forth  in  the  accom- 
panying abstract. 

33.  In  the  event  of  the  mining  records  in  any  case  having  been  destroyed  by 
fire  or  otherwise  lost,  affidavit  of  the  fact  should  be  made,  and  secondary  evi- 
dence of  possessory  title  will  be  received,  which  may  consist  of  the  affidavit  of 
the  claimant,  supported  by  those  of  any  other  parties  cognizant  of  the  facts  rela- 
tive to  his  location,  occupancy,  possession,  improvements,  &c.  ;  and  in  such  case 
of  lost  records,  any  deeds,  certificates  of  location  or  purchase,  or  other  evidence 
which  mav  be  in  the  claimant's  possession  and  tend  to  establish  his  claim,  should 
be  filed. 

34.  Upon  the  receipt  of  these  papers  the  register  will,  at  the  expense  of  the 
claimant  (who  must  furnish  the  agreement  of  the  publisher  to  hold  applicant  for 
patent  alone  responsible  for  charges  of  publication),  publish  a  notice  of  such 
application  for  the  period  of  sixty  days  in  a  newspaper  published  nearest  to  the 
claim,  and  will  post  a  copy  of  such  notice  in  his  office  for  the  same  period. 
When  the  notice  is  published  in  a  zveekly  newspaper  ten  consecutive  insertions 
are  necessary ;  when  in  a  daily  newspaper  the  notice  must  appear  in  each  issue 
for  sixty-one  consecutive  issues,  the  first  day  of  issue  being  excluded  in  estimating 
the  period  of  sixty  days. 

35.  The  notices  so  published  and  posted  must  be  as  full  and  complete  as  pos- 
sible, and  embrace  all  the  data  given  in  the  notice  posted  upon  the  claim. 

36.  Too  much  care  can  not  be  exercised  in  the  preparation  of  these  notices, 
inasmuch  as  upon  their  accuracy  and  completeness  will  depend,  in  a  great 
measure,  the  regularity  and  validity  of  the  whole  proceeding. 

37.  In  the  publication  of  final-proof  notices  the  register  has  no  discretion 
under  the  law  to  designate  any  other  than  the  newspaper  "nearest  the  land" 
for  such  purpose  when  such  paper  is  a  newspaper  of  general  circulation.  But 
he  will  in  all  cases  designate  the  newspaper  of  general  circulation  that  is  pub- 
lished nearest  the  land,  geographically  measured.  When  two  or  more  papers 
are  published  in  the  same  town,  nearest  the  land,  he  may  select  the  one  which, 
in  his  honest  and  impartial  judgment  as  a  public  officer,  will  best  subserve  the 
purpose  of  the  law  and  the  general  interests  of  the  public. 

38.  Newspaper  charges  must  not  exceed  the  rates  established  by  this  office  for 
the  publication  of  legal  notices. 


ALASKA.  107 

39.  The  claimant,  either  at  the  time  of  filing  these  papers  with  the  register 
or  at  any  time  during  the  sixty  days'  publication,  is  required  to  file  a  certificate 
of  the  surveyor-general  that  not  less  than  five  hundred  dollars'  worth  of  labor 
has  been  expended  or  improvements  made  upon  the  claim  by  the  applicant  or 
his  grantors;  that  the  plat  filed  by  the  claimant  is  correct;  that  the  field-notes 
of  the  survey,  as  filed,  furnish  such  an  accurate  description  of  the  claim  as  will, 
if  incorporated  into  a  patent,  serve  to  fully  identify  the  premises,  and  that  such 
reference  is  made  therein  to  natural  objects  or  permanent  monuments  as  will 
perpetuate  and  fix  the  locus  thereof. 

40.  It  will  be  the  more  convenient  way  to  have  this  certificate  indorsed  by 
the  surveyor-general,  both  upon  the  plat  and  field-notes  ot  survey  filed  by  the 
claimant  as  aforesaid. 

41.  After  the  sixty  days'  period  of  newspaper  publication  has  expired  the 
claimant  will  furnish  from  the  office  of  publication  a  sworn  statement  that  the 
notice  was  published  for  the  statutory  period,  giving  the  first  and  last  day  of 
such  publication,  and  his  own  affidavit  showing  that  the  plat  and  notice  afore- 
said remained  conspicuously  posted  upon  the  claim  sought  to  be  patented  dur- 
ing said  sixty  days'  publication,  giving  the  dates. 

42.  Upon  the  filing  of  this  affidavit  the  register  will,  if  no  adverse  claim  was 
filed  in  his  office  during  the  period  of  publication,  permit  the  claimant  to  pay 
for  the  land  according  to  the  area  given  in  the  plat  and  field  notes  ot  survey 
aforesaid,  at  the  rate  of  five  dollars  for  each  acre  and  five  dollars  for  each  frac- 
tional part  of  an  acre,  the  receiver  issuing  the  usual  duplicate  receipt  therefor. 
The  claimant  will  also  make  a  sworn  statement  of  all  charges  and  tees  paid  by 
him  for  publication  and  surveys,  together  with  all  fees  and  money  paid  the 
register  and  receiver  of  the  land  office;  after  which  the  whole  matter  will  be 
forwarded  to  the  Commissioner  of  the  General  Land  Office  and  a  patent  issued 
thereon  if  found  regular. 

43.  In  sending  up  the  papers  in  the  case  the  register  must  not  omit  certifying 
to  the  fact  that  the  notice  was  posted  in  his  office  for  the  full  period  ot  sixty 
days,  such  certificate  to  state  distinctly  when  such  posting  was  done  and  how 
long  continued. 

44.  The  consecutive  series  of  numbers  of  mineral  entries  must  be  continued, 
whether  the  same  are  of  lode  or  placer  claims  or  mill  sites. 

45.  The  surveyors-general  should  designate  all  surveyed  mineral  claims  by  a 
progressive  series  of  numbers,  beginning  with  survey  No.  37,  irrespective  as  to 
whether  they  are  situated  on  surveyed  or  unsurveyed  lands,  the  claim  to  be  so 
designated  at  date  of  issuing  the  order  therefor,  in  addition  to  the  local  designa- 
tion of  the  claim;  it  being  required  in  all  cases  that  the  plat  and  field-notes  of 
the  survey  of  a  claim  must,  in  addition  to  the  reference  to  permanent  objects  in 


lo8  ALASKA. 

the  neighborhood,  describe  the  locus  of  the  claim,  with  reference  to  the  lines  of 
public  surveys,  by  a  line  connecting  a  corner  of  the  claim  with  the  nearest  public 
corner  of  the  United  States  suryeys,  unless  such  claim  be  on  unsuryeyed  lands 
at  a  distance  of  more  than  two  miles  from  such  public  corner,  in  which  latter  case 
it  should  be  connected  with  a  United  States  mineral  monument.  Such  connect- 
ing line  must  not  be  more  than  two  miles  in  length  and  should  be  measured  on 
the  ground  direct  between  the  points,  or  calculated  from  actually  surveyed 
traverse  lines  if  the  nature  of  the  country  should  not  permit  direct  measure- 
ment. If  a  regularly  established  survey  corner  is  within  two  miles  of  a  claim 
situated  on  unsurveyed  lands,  the  connection  should  be  made  with  such  corner 
in  preference  to  a  connection  with  a  United  States  mineral  monument.  The 
connecting  line  must  be  surveyed  by  the  deputy  mineral  surveyor  at  the  time  of 
his  making  the  particular  survey,  and  be  made  a  part  thereof. 

46.  Upon  the  approval  of  the  survey  of  a  mining  claim  made  upon  surveyed 
lands,  the  surveyor-general  will  prepare  and  transmit  to  the  local  land  office  and 
to  this  office  a  diagram  tracing  showing  the  portions  of  legal  40-acre  subdivis- 
ions made  fractional  by  reason  of  the  mineral  survey,  designating  each  of  such 
portions  by  the  proper  lot  number,  beginning  with  No.  T  in  each  section  and 
giving  the  area  of  each  lot. 

47.  The  survey  and  plat  of  mineral  claims,  required  by  section  2325,  Revised 
Statutes  of  the  United  States,  to  be  filed  in  the  proper  land  office,  with  appli- 
cation for  patent,  must  be  made  subsequent  to  the  recording  of  the  location  of 
the  mine;  and  when  the  original  location  is  made  by  survey  of  a  United  States 
deputy  surveyor  such  location  survey  can  not  be  substituted  for  that  required 
by  the  statute,  as  above  indicated. 

48.  The  surveyor-general  should  derive  his  information  upon  which  to  base 
his  certificate  as  to  the  value  of  labor  expended  or  improvements  made  from  his 
deputy  who  makes  the  actual  survey  and  examination  upon  the  premises,  and 
such  deputy  should  specify  with  particularity  and  full  detail  the  character  and 
extent  of  such  improvements. 

49.  The  following  particulars  should  be  observed  in  the  survey  of  every 
mining  claim  : 

(1)  The  exterior  boundaries  of  the  claim  should  be  represented  on  the  plat 
of  survey  and  in  the  field  notes. 

(2)  The  intersection  of  the  lines  of  the  survey  with  the  lines  of  conflicting 
prior  surveys  should  be  noted  in  the  field-notes  and  represented  upon  the 
plat. 

(3)  Conflicts  with  unsurveyed  claims,  where  the  applicant  for  survey  does  not 
claim  the  area  in  conflict,  should  be  shown  by  actual  survey. 

(4)  The  total  area  of  the  claim  embraced  by  the  exterior  boundaries  should 


ALASKA.  109 

be  Stated,  and  also  the  area  in  conflict  with  each  intersecting  survey,  substantially 

as  follows : 

Acres. 

Total  area  of  claim 10.  50 

Area  in  conflict  with  survey  No.  302 i.  56 

Area  in  conflict  with  survey  No.  948 2.  33 

Area  in  conflict  with  Mountain  Maid  lode  mining  claim,  unsurveyed i.  48 

It  does  not  follow  that  because  mining  surveys  are  required  to  exhibit  all 
conflicts  with  prior  surveys  the  areas  of  conflict  are  to  be  excluded.  The  field- 
notes  and  plat  are  made  a  part  of  the  application  for  patent,  and  care  should 
be  taken  that  the  description  does  not  inadvertently  exclude  portions  intended 
to  be  retained.  It  is  better  that  the  application  for  patent  should  state  the 
portions  to  be  excluded  in  express  terms.  A  survey  executed  as  in  the  example 
given  will  enable  the  applicant  for  patent  to  exclude  such  conflicts  as  may  seem 
desirable.  For  instance,  the  conflict  with  survey  No.  302  and  with  the  Moun- 
tain Maid  lode  claim  might  be  excluded  and  that  with  survey  No.  948  included. 

50.  The  rights  granted  to  locators  under  section  2322,  Revised  Statutes,  are 
restricted  to  such  locations  on  veins,  lodes,  or  ledges  as  may  be  "situated  on 
the  public  domain.'^  In  applications  for  lode  claims  where  the  survey  conflicts 
with  a  prior  valid  lode  claim  or  entry  and  the  ground  in  conflict  is  excluded, 
the  applicant  not  only  has  no  right  to  the  excluded  ground,  but  he  has  no  right 
to  that  portion  of  any  vein  or  lode  the  top  or  apex  of  which  lies  within  such 
excluded  ground,  unless  his  location  was  prior  to  May  10,  1872.  His  right  to 
the  lode  claimed  terminates  where  the  lode,  in  its  onward  course  or  strike, 
intersects  the  exterior  boundary  of  such  excluded  ground  and  passes  within  it. 

51.  The  end  line  of  his  survey  should  not,  therefore,  be  established  beyond 
such  intersection,  unless  it  should  be  necessary  so  to  do  for  the  purpose  of  includ- 
ing ground  held  and  claimed  under  a  location  which  was  made  upon  public  land 
and  valid  at  the  time  it  was  made.  To  include  such  ground  (which  may  possi- 
bly embrace  other  lodes)  the  end  line  of  the  survey  may  be  established  within 
the  conflicting  survey,  but  the  line  must  be  so  run  as  not  to  extend  any  farther 
into  the  conflicting  survey  than  may  be  necessary  to  make  such  end  line  parallel 
to  the  other  end  line  and  at  the  same  time  embrace  the  ground  so  held  and 
claimed.  The  useless  practice  in  such  cases  of  extending  both  the  side  lines  of 
a  survey  into  the  conflicting  survey  and  establishing  an  end  line  wholly  within  it, 
beyond  a  point  necessary  under  the  rule  just  stated,  will  be  discontinued. 

PLACER    CLAIMS. 

52.  The  proceedings  to  obtain  patents  for  claims  usually  called  placers, 
including  all  forms  of  deposit,  excepting  veins  of  quartz  or  other  rock  in  place, 
are  similar  to  the  proceedings  prescribed  for  obtaining  patents  for  vein  or  lode 


1  lO  ALASKA. 

claims;  but  where  said  placer  claim  shall  be  upon  surveyed  lands,  and  conforms 
to  legal  subdivisions,  no  further  survey  or  plat  will  be  required,  and  all  placer 
mining  claims  located  after  May  lo,  1872,  shall  conform  as  nearly  as  practicable 
with  the  United  States  system  of  public-land  surveys  and  the  rectangular  subdi- 
visions of  such  surveys,  and  no  such  location  shall  include  more  than  twentv 
acres  for  each  individual  claimant ;  but  where  placer  claims  can  not  be  conformed 
to  legal  subdivisions,  survey  and  plat  shall  be  made  as  on  unsurveyed  lands. 
But  where  such  claims  are  located  previous  to  the  public  surveys,  and  do  not 
conform  to  legal  subdivisions,  survey,  plat,  and  entry  thereof  may  be  made 
according  to  the  boundaries  thereof,  provided  the  location  is  in  all  respects  legal. 

53.  The  proceedings  for  obtaining  patents  for  veins  or  lodes  having  already 
been  fully  given,  it  will  not  be  necessary  to  repeat  them  here,  it  being  thought 
that  careful  attention  thereto  by  applicants  and  the  local  officers  will  enable  them 
to  act  understandingly  in  the  matter  and  make  such  slight  inodifications  in  the 
notice,  or  otherwise,  as  may  be  necessary  in  view  of  the  different  nature  of  the 
two  classes  of  claims,  placer  claims  being  fixed,  however,  at  two  dollars  and 
fifty  cents  per  acre,  or  fractional  part  of  an  acre. 

54.  By  section  2330,  authority  is  given  for  the  subdivision  of  forty-acre  legal 
subdivisions  into  ten-aci'e  lots,  which  is  intended  for  the  greater  convenience  of 
miners  in  segregating  their  claims  both  from  one  another  and  from  intervening 
agricultural  lands. 

55.  It  is  held,  therefore,  that  under  a  proper  construction  of  the  law  these 
ten-acre  lots  in  mining  districts  should  be  considered  and  dealt  with,  to  all 
intents  and  purposes,  as  legal  subdivisions,  and  that  an  applicant  having  a  legal 
claim  which  conforms  to  one  or  more  of  these  ten-acre  lots,  either  adjoining  or 
cornering,  may  make  entry  thereof,  after  the  usual  proceedings,  without  further 
survey  or  plat. 

56.  In  cases  of  this  kind,  however,  the  notice  given  of  the  application  must 
be  very  specific  and  accurate  in  description,  and  as  the  forty-acre  tracts  may  be 
subdivided  into  ten-acre  lots,  either  in  the  form  of  squares  often  by  ten  chains, 
or  if  parallelograms  five  by  twenty  chains,  so  long  as  the  lines  are  parallel  and 
at  right  angles  with  the  lines  of  the  public  surveys,  it  will  be  necessary  that  the 
notice  and  application  state  specifically  what  ten-acre  lots  are  sought  to  be  pat- 
ented, in  addition  to  the  other  data  required  in  the  notice. 

57.  Where  the  ten-acre  subdivision  is  in  the  form  of  a  square  it  may  be 
described,  for  instance,  as  the  "  SE.  %  of  the  SW.  %  of  NW.  %"  or,  if  in  the 
form  of  a  parallelogram  as  aforesaid,  it  may  be  described  as  the  "  W.  %  of  the 
W.  %  of  the  SW.  %  of  the  NW.  %  (or  the  N.  %  of  the  S.  %  of  the  NE.  %  of 
the  SE.  X)  of  section ,  township range ,"  as  the  case  may 


ALASKA.  1  1  1 

be;  but,  in  addition  to  this  description  ot  the  land,  the  notice  must  give  all 
the  other  data  that  is  required  in  a  mineral  application,  by  which  parties  may 
be  put  on  inquiry  as  to  the  premises  sought  to  be  patented.  The  proofs  sub- 
mitted with  applications  for  claims  of  this  kind  must  show  clearly  the  character 
and  the  extent  ot  the  improvements  upon  the  premises. 

Inasmuch  as  the  surveyor-general  has  no  duty  to  perform  in  connection  with 
the  entry  of  a  placer  claim  of  legal  subdivisions,  the  proof  of  improvements 
must  show  their  value  to  be  not  less  than  five  hundred  dollars  and  that  they 
were  made  by  the  applicant  for  patent  or  his  grantors.  The  annual  expendi- 
ture to  the  amount  of  $100,  required  by  section  2324,  Revised  Statutes,  must 
be  made  upon  placer  claims  as  well  as  lode  claims. 

58.  Applicants  for  patent  to  a  placer  claim,  who  are  also  in  possession  of  a 
known  vein  or  lode  included  therein,  must  state  in  their  application  that  the 
placer  includes  such  vein  or  lode.  The  published  and  posted  notices  must  also 
include  such  statement.  If  veins  or  lodes  lying  within  a  placer  location  are 
owned  bv  other  parties,  the  fact  should  be  distinctly  stated  in  the  application 
for  patent,  and  in  all  the  notices.  But  in  all  cases  whether  the  lode  is  claimed 
or  excluded,  it  must  be  surveyed  and  marked  upon  the  plat;  the  field  notes  and 
plat  giving  the  area  of  the  lode  claim  or  claims  and  the  area  of  the  placer  sepa- 
rately. It  should  be  remembered  that  an  application  which  omits  to  include  an 
application  for  a  known  vein  or  lode  therein,  must  be  construed  as  a  conclusive 
declaration  that  the  applicant  has  no  right  of  possession  to  the  vein  or  lode. 
Where  there  is  no  known  lode  or  vein,  the  fact  must  appear  bv  the  affidavit  of 
two  or  more  witnesses. 

59.  By  section  2330,  it  is  declared  that  no  location  of  a  placer  claim,  made 
after  July  9,  1870,  shall  exceed  one  hundred  and  sixty  acres  for  any  one  person 
or  association  of  persons,  which  location  shall  conform  to  the  United  States 
surveys. 

60.  Section  2331  provides  that  all  placer-mining  claims  located  after  May  10, 
1872,  shall  conform  as  nearly  as  practicable  with  the  United  States  systems  of 
public  surveys  and  the  subdivisions  of  such  surveys,  and  no  such  locations  shall 
include  more  than  twenty  acres  for  each  individual  claimant. 

61.  The  foregoing  provisions  of  law  are  construed  to  mean  that  after  the  9th 
day  of  July,  1870,  no  location  of  a  placer  claim  can  be  made  to  exceed  one 
hundred  and  sixty  acres,  whatever  may  be  the  number  of  locators  associated 
together,  or  whatever  the  local  regulations  of  the  district  may  allow  ;  and  that 
from  and  after  May  10,  1872,  no  location  made  by  an  individual  can  exceed 
twenty  acres,  and  no  location  made  by  an  association  of  individuals  can  exceed 
one  hundred  and  sixty  acres,  which  location  of  one  hundred  and  sixty  acres  can 


112  ALASKA. 

not  be  made  by  a  less  number  than  eight  homi  jide  locators ;  and  no  local  laws 
or  mining  regulations  can  restrict  a  placer  location  to  less  than  twenty  acres, 
although  the  locator  is  not  compelled  to  take  so  much. 

62.  The  regulations  hereinbefore  given  as  to  the  manner  of  marking  locations 
on  the  ground,  and  placing  the  same  on  record,  must  be  observed  in  the  case  ot 
placer  locations  so  far  as  the  same  are  applicable,  the  law  requiring,  however, 
that  where  placer  claims  are  upon  surveyed  public  lands  the  locations  must 
hereafter  be  made  to  conform  to  legal  subdivisions  thereof  as  near  as  practicable. 

63.  The  first  care  in  recognizing  an  application  for  patent  upon  a  placer  claim 
must  be  exercised  in  determining  the  exact  classification  of  the  lands.  To  this 
end  the  clearest  evidence  of  which  the  case  is  capable  should  be  presented. 

(1)  If  the  claim  be  all  placer  ground,  that  fact  must  be  stated  in  the  applica- 
tion and  corroborated  by  accompanying  proofs;  if  of  mixed  placers  and  lodes,  it 
should  be  so  set  out,  with  a  description  of  all  known  lodes  situated  within  the 
boundaries  of  the  claim.  A  specific  declaration,  such  as  is  required  by  section 
2333,  Revised  Statutes,  must  be  furnished  as  to  each  lode  intended  to  be  claimed. 
All  other  known  lodes  are,  by  the  silence  of  the  applicant,  excluded  by  law  from 
all  claim  by  him,  of  whatsoever  nature,  possessory  or  otherwise. 

(2)  Section  2395,  Revised  Statutes  (subdivision  7),  requires  the  surveyor  to 
"note  in  his  field  books  the  true  situation  of  all  mines,  salt  licks,  salt  springs, 
and  mill  seats  which  come  to  his  knowledge;"  also  "all  water-courses  over 
which  the  lines  he  runs  may  pass."  It  further  requires  him  to  "note  the  qual- 
ity of  the  lands."  These  descriptive  notes  are  required  by  subdivion  8  to  be 
incorporated  in  the  plat  by  the  surveyor-general. 

(3)  If  these  duties  have  been  performed,  the  public  surveys  will  furnish  a 
reasonable  guide  to  the  district  officers  and  to  claimants  in  prosecuting  their 
applications.  But  experience  has  shown  that  great  neglect  has  resulted  from 
inattention  to  the  law  in  this  respect,  and  the  regular  plats  are  of  very  little 
value  in  the  matter.  It  will,  therefore,  be  required  in  the  future  that  deputy 
surveyors  shall,  at  the  expense  of  the  parties,  make  full  examination  of  all  placer 
claims  surveyed  by  them,  and  duly  note  the  facts  as  specified  in  the  law,  stating 
the  quality  and  composition  of  the  soil,  the  kind  and  amount  of  timber  and 
other  vegetation,  the  locus  and  size  of  streams,  and  such  other  matters  as  may 
appear  upon  the  surface  of  the  claim.  This  examination  should  include  the 
character  and  extent  of  all  surface  and  underground  workings,  whether  placer  or 
lode,  for  mining  purposes. 

(4)  In  addition  to  these  data,  which  the  law  requires  to  be  shown  in  all  cases, 
the  deputv  should  report  with  reference  to  the  proximity  of  centers  of  trade  or 
residence;   also  of  well-known   systems  of  lode  deposit  or  of  individual  lodes. 


ALASKA. 


J  13 


He  should  also  report  as  to  the  use  or  adaptability  of  the  claim  for  placer  min- 
ing; whether  water  has  been  brought  upon  it  in  sufficient  quantity  to  mine  the 
same,  or  whether  it  can  be  procured  for  that  purpose;  and,  finally,  what  works 
or  expenditures  have  been  made  by  the  claimant  or  his  grantors  for  the  develop- 
ment of  the  claim,  and  their  situation  and  location  with  respect  to  the  same  as 
applied  for. 

(5)  This  examination  should  be  reported  by  the  deputy  under  oath  to  the 
surveyor-general,  and  duly  corroborated ;  and  a  copy  of  the  same  should  be 
furnished  with  the  application  for  patent  to  the  claim,  constituting  a  part 
thereof,  and  included  in  the  oath  ot  the  applicant. 

(6)  Applications  awaiting  entry,  whether  published  or  not,  must  be  made  to 
conform  to  these  regulations,  with  respect  to  examination  as  to  the  character 
of  the  land.  Entries  already  made  will  be  suspended  for  such  additional  proofs 
as  may  be  deemed  necessary  in  each  case. 


MILL-SITES. 


64.  Section  2337  provides  that  "where  nonmineral  land  not  contiguous  to 
the  vein  or  lode  is  used  or  occupied  by  the  proprietor  of  such  vein  or  lode  for 
mining  or  milling  purposes,  such  nonadjacent  surface  ground  may  be  embraced 
and  included  in  an  application  for  a  patent  for  such  vein  or  lode,  and  the  same 
may  be  patented  therewith,  subject  to  the  same  preliminary  requirements  as  to 
survey  and  notice  as  are  applicable  to  veins  or  lodes;  but  no  location  hereafter 
made  ot  such  nonadjacent  land  shall  exceed  five  acres,  and  payment  for  the 
same  must  be  made  at  the  same  rate  as  fixed  by  this  chapter  for  the  superficies 
of  the  lode.  The  owner  of  a  quartz-mill  or  reduction-works,  not  owning  a 
mine  in  connection  therewith,  may  also  receive  a  patent  for  his  mill-site,  as  pro- 
vided in  this  section." 

65.  To  avail  themselves  of  this  provision  of  law,  parties  holding  the  possessory 
right  to  a  vein  or  lode,  and  to  a  piece  of  nonmineral  land  not  contiguous  thereto, 
for  mining  or  milling  purposes,  not  exceeding  the  quantity  allowed  for  such  pur- 
pose by  section  2337,  United  States  Revised  Statutes,  or  prior  laws,  under 
which  the  land  was  appropriated,  the  proprietors  of  such  vein  or  lode  may  file 
in  the  proper  land-office  their  application  for  a  patent,  under  oath,  in  manner 
already  set  forth  herein,  which  application,  together  with  the  plat  and  field-notes, 
may  include,  embrace,  and  describe,  in  addition  to  the  vein  or  lode,  such  non- 
contiguous mill-site,  and  after  due  proceedings  as  to  notice,  etc.,  a  patent  will 
be  issued  conveying  the  same  as  one  claim. 

66.  In  making  the  survey  in  a  case  of  this  kind,  the  lode  claim  should  be 
described  in  the   plat  and  field-notes  as  "  Sur.  No.  37,  A,"  and  the  mill-site  as 

Xo.  bO 8 


114  ALASKA. 

"Sur.  No.  37,  B,"  or  whatever  may  be  its  appropriate  numerical  designation; 
the  course  and  distance  from  a  corner  of  the  mill-site  to  a  corner  of  the  lode 
claim  to  be  invariably  given  in  such  plat  and  field-notes,  and  a  copy  of  the  plat 
and  notice  of  application  for  patent  must  be  conspicuously  posted  upon  the  mill- 
site  as  well  as  upon  the  vein  or  lode  for  the  statutory  period  of  sixty  days.  In 
making  the  entry  no  separate  receipt  or  certificate  need  be  issued  tor  the  mill- 
site,  but  the  whole  area  of  both  lode  and  mill-site  will  be  embraced  in  one  entry, 
the  price  being  five  dollars  for  each  acre  and  fractional  part  of  an  acre  embraced 
by  such  lode  and  mill-site  claim. 

67.  In  case  the  owner  of  a  quartz  mill  or  reduction-works  is  not  the  owner 
or  claimant  of  a  vein  or  lode,  the  law  permits  him  to  make  application  therefor 
in  the  same  manner  prescribed  herein  for  mining  claims,  and  after  due  notice  and 
proceedings,  in  the  absence  of  a  valid  adverse  filing,  to  enter  and  receive  a  patent 
for  his  mill-site  at  said  price  per  acre. 

68.  In  every  case  there  must  be  satisfactory  proof  that  the  land  claimed  as 
a  mill-site  is  not  mineral  in  character,  which  proof  may,  where  the  matter  is 
unquestioned,  consist  of  the  sworn  statement  of  two  or  more  persons  capable 
from  acquaintance  with  the  land  to  testify  understandingly. 

POSSESSORY     RIGHT. 

69.  With  regard  to  the  proofs  necessary  to  establish  the  possessory  rights  to 
a  mining  claim,  section  2332  provides  that  "where  such  person  or  association, 
they  and  their  grantors,  have  held  and  worked  their  claims  for  a  period  equal  to 
the  time  prescribed  by  the  statute  of  limitations  for  mining  claims  of  the  State 
or  Territory  where  the  same  may  be  situated,  evidence  of  such  possession  and 
working  of  the  claims  for  such  period  shall  be  sufficient  to  establish  a  right  to  a 
patent  thereto  under  this  chapter,  in  the  absence  of  any  adverse  claim." 

70.  This  provision  of  law  will  greatly  lessen  the  burden  of  proof,  more 
especially  in  the  case  of  old  claims  located  many  years  since,  the  records  of 
which,  in  many  cases,  have  been  destroyed  by  fire,  or  lost  in  other  ways  during 
the  lapse  of  time,  but  concerning  the  possessory  right  to  which  all  controversy 
or  litigation  has  long  been  settled. 

71.  When  an  applicant  desires  to  make  his  proof  of  possessory  right  in  accord- 
ance with  this  provision  of  law,  he  will  not  be  required  to  produce  evidence  of 
location,  copies  of  conveyances,  or  abstracts  of  title,  as  in  other  cases,  but  will 
be  required  to  furnish  a  duly  certified  copy  of  the  statute  of  limitation  of  mining 
claims  for  the  State  or  Territory,  together  with  his  sworn  statement  giving  a 
clear  and  succinct  narration  of  the  facts  as  to  the  origin  of  his  title,  and  likewise 
as  to  the  continuation  of  his  possession  of  the  mining  ground  covered  by  his 
application  ;  the  area  thereof;  the  nature  and  extent  of  the  mining  that  has  been 


ALASKA.  1  15 

done  thereon  ;  whether  there  has  been  any  opposition  to  his  possession,  or  liti- 
gation with  regard  to  his  claim,  and,  if  so,  when  the  same  ceased;  whether  such 
cessation  was  caused  by  compromise  or  by  judicial  decree,  and  any  additional 
facts  within  the  claimant's  knowledge  having  a  direct  bearing  upon  his  posses- 
sion and  bona  fides  which  he  may  desire  to  submit  in  support  ot  his  claim. 

72.  There  should  likewise  be  filed  a  certificate,  under  seal  of  the  court  having 
jurisdiction  of  mining  cases  within  the  judicial  district  embracing  the  claim,  that 
no  suit  or  action  of  any  character  whatever  involving  the  right  of  possession  to 
any  portion  of  the  claim  applied  for  is  pending,  and  that  there  has  been  no  liti- 
gation before  said  court  affecting  the  title  to  said  claim  or  any  part  thereof  for  a 
period  equal  to  the  time  fixed  by  the  statute  of  limitations  for  mining-claims 
in  the  State  or  Territory  as  aforesaid,  other  than  that  which  has  been  finally 
decided  in  favor  of  the  claimant. 

73.  The  claimant  should  support  his  narrative  of  facts  relative  to  his  posses- 
sion, occupancy,  and  improvements  by  corroborative  testimony  of  any  disinter- 
ested person  or  persons  of  credibility  who  may  be  cognizant  of  the  facts  in  the 
case  and  are  capable  of  testifying  understandingly  in  the  premises. 

74.  As  a  condition  for  the  making  of  application  for  patent  according  to 
section  2325,  there  must  be  a  preliminary  showing  of  work  or  expenditure  upon 
each  location,  either  by  showing  the  full  amount  sufficient  to  the  maintenance  of 
possession  under  section  2324  for  the  pending  year;  or,  if  there  has  been  failure, 
it  should  be  shown  that  work  has  been  resumed  so  as  to  prevent  relocation  by 
adverse  parties  after  abandonment. 

The  "pending  year"  means  the  calendar  year  in  which  application  is  made, 
and  has  no  reference  to  a  showing  of  work  at  date  of  the  final  entry. 

75.  This  preliminary  showing  mav,  where  the  matter  is  unquestioned,  consist 
of  the  affidavit  of  two  or  more  witnesses  familiar  with  the  facts. 

PROOF    OK    CITIZENSHIP    OF    MINING    CLAIMANTS. 

76.  The  proof  necessary  to  establish  the  citizenship  of  applicants  for  mining 
patents  must  be  made  in  the  following  manner :  In  case  of  an  incorporated  com- 
pany, a  certified  copy  of  their  charter  or  certificate  of  incorporation  must  be 
filed.  In  case  of  an  association  of  persons  unincorporated,  the  affidavit  of  their 
duly  authorized  agent,  made  upon  his  own  knowledge  or  upon  information  and 
belief,  setting  forth  the  residence  of  each  person  forming  such  association,  must 
be  submitted.  This  affidavit  must  be  accompanied  by  a  power  of  attornev  from 
the  parties  forming  such  association,  authorizing  the  person  who  makes  the 
affidavit  of  citizenship  to  act  for  them  in  the  matter  of  their  application  for 
patent. 

77.  In  case   of  an   individual  or  an   association   of  individuals  who   do  not 


I  16  ALASKA. 

appear  bv  their  diilv  authorized  agent,  you  will  require  the  affidavit  of  each 
applicant,  showing  whether  he  is  a  native  or  naturalized  citizen,  when  and 
where  born,  and  his  residence. 

78.  In  case  an  applicant  has  declared  his  intention  to  become  a  citizen  or  has 
been  naturalized,  his  affidavit  must  show  the  date,  place,  and  the  court  before 
which  he  declared  his  intention,  or  from  which  his  certificate  of  citizenship 
issued,  and  present  residence. 

79.  The  affidavit  of  the  claimant  as  to  his  citizenship  may  be  taken  before 
the  register  or  receiver,  or  any  other  officer  authorized  to  administer  oaths 
within  the  land  district;  or,  if  the  claimant  is  residing  beyond  the  limits  of  the 
district,  the  affidavit  may  be  taken  before  the  clerk  o^  any  court  of  record  or 
before  any  notarv  public  of  any  State  or  Territory. 

80.  If  citizenship  is  established  by  the  testimony  of  disinterested  persons, 
such  testimony  may  be  taken  at  any  place  before  any  person  authorized  to 
administer  oaths,  and  whose  official  character  is  duly  verified. 

ADVERSE    CLAIMS. 

81.  Section  2326,  and  the  act  of  April  26,  1882,  provide  for  adverse  claims, 
fix  the  time  within  which  they  shall  be  filed  to  have  legal  effisct,  and  prescribe 
the  manner  of  their  adjustment,  etc. 

82.  An  adverse  mining  claim  must  be  filed  with  the  register  and  receiver  01 
the  Land  Office  where  the  application  for  patent  was  filed,  or  with  the  register 
and  receiver  of  the  district  in  which  the  land  is  situated  at  the  time  of  filing  the 
adverse  claim.  It  must  be  on  the  oath  of  the  adverse  claimant,  or  it  may  be 
verified  by  the  oath  of  anv  duly  authorized  agent  or  attorney-in-fact  of  the 
adverse  claimant,  cognizant  of  the  facts  stated. 

83.  Where  an  agent  or  attorney-in-fact  verifies  the  adverse  claim,  he  must 
distinctly  swear  that  he  is  such  agent  or  attorney,  and  accompany  his  affidavit 
by  proof  thereof. 

84.  The  agent  or  attorney-in-fact  must  make  the  affidavit  in  verification  of 
the  adverse  claim  within  the  land  district  where  the  claim  is  situated. 

85.  The  adverse  notice  must  fully  set  forth  the  nature  and  extent  of  the 
interference  or  conflict;  whether  the  adverse 'party  claims  as  a  purchaser  for 
valuable  consideration  or  as  a  locator;  if  the  former,  a  certified  copy  of  the 
original  location,  the  original  conveyance,  a  duly  certified  copy  thereof,  or  an 
abstract  of  title  from  the  office  of  the  proper  recorder  should  be  furnished,  or  if 
the  transaction  was  a  merely  verbal  one  he  will  narrate  the  circumstances 
attending  the  purchase,  the  date  thereof,  and  the  amount  paid,  which  facts 
should  be  supported  by  the  affidavit  of  one   or  more  witnesses,  if  any  were 


ALASKA.  1  17 

present  at   the  time,  and   it   he   claims  as  a  locator   he   must   file  a  duly  certified 
copy  of  the  location  from  the  office  of  the  proper  recorder. 

86.  In  order  that  the  "boundaries''  and  "extent"  of  the  claim  may  be 
shown,  it  will  be  incumbent  upon  the  adverse  claimant  to  file  a  plat  showing  his 
entire  claim,  its  relative  situation  or  position  with  the  one  against  which  he 
claims,  and  the  extent  of  the  conflict.  This  plat  must  be  made  from  an  actual 
survev  by  a  United  States  deputy  surveyor,  who  will  officiallv  certifv  thereon  to 
its  correctness;  and  in  addition  there  must  be  attached  to  such  plat  of  survey  a 
certificate  or  sworn  statement  by  the  surveyor  as  to  the  approximate  value  of 
the  labor  performed  or  improvements  made  upon  the  claim  by  the  adverse  party 
or  his  predecessors  in  interest,  and  the  plat  must  indicate  the  position  of  anv 
shafts,  tunnels,  or  other  improvements,  if  any  such  exist,  upon  the  claim  of  the 
party  opposing  the  application,  and  by  which  party  said  improvements  were 
made :  Provided,  however.  That,  if  the  application  for  patent  describes  the  claim 
by  legal  subdivisions,  the  adverse  claimant,  if  also  claiming  by  legal  subdivisions, 
mav  describe  his  adverse  claim  in  the  same  manner  without  further  survey  or  plat. 

87.  Upon  the  foregoing  being  filed  within  the  sixtv  days  as  aforesaid,  the 
register,  or  in  his  absence  the  receiver,  will  give  notice  in  writing  to  both  parties 
to  the  contest  that  such  adverse  claim  has  been  filed,  informing  them  that  the 
party  who  filed  the  adverse  claim  will  be  required  within  thirty  days  from  the 
date  of  such  filing  to  commence  proceedings  in  a  court  of  competent  jurisdiction 
to  determine  the  question  of  right  of  possession,  and  to  prosecute  the  same  with 
reasonable  diligence  to  final  judgment,  and  that,  should  such  adverse  claimant 
fail  to  do  so,  his  adverse  claim  will  be  considered  waived,  and  the  application 
for  patent  be  allowed  to  proceed  upon  its  merits. 

88.  When  an  adverse  claim  is  filed  as  aforesaid,  the  register  or  receiver  will 
indorse  upon  the  same  the  precise  date  of  filing,  and  preserve  a  record  of  the 
date  of  notifications  issued  thereon  ;  and  thereafter  all  procedings  on  the  appli- 
cation for  patent  will  be  suspended,  with  the  exception  of  the  completion  of  the 
publication  and  posting  of  notices  and  plat,  and  the  filing  of  the  necessarv  proof 
thereof,  until  the  controversy  shall  have  been  adjudicated  in  court,  or  the  adverse 
claim  waived  or  withdrawn. 

89.  Where  an  adverse  claim  has  been  filed  and  suit  thereon  commenced  within 
the  statutory  period,  and  final  judgment  determining  the  right  of  possession 
rendered  in  favor  of  the  applicant,  it  will  not  be  sufficient  for  him  to  file  with 
the  register  a  certificate  of  the  clerk  of  the  court,  setting  forth  the  facts  as  to 
such  judgment,  but  he  must,  before  he  is  allowed  to  make  entry,  file  a  certified 
copy  of  the  judgment,  together  with  the  other  evidence  required  bv  section 
2326,  Revised  Statutes. 


1  l8  ALASKA. 

90.  Where  such  suit  has  been  dismissed,  a  certificate  of  the  clerk  of  the  court 
to  that  effect,  or  a  certified  copy  of  the  order  of  dismissal,  will  be  sufficient. 

91.  In  no  case  will  a  relinquishment  of  the  ground  in  controversy,  or  other 
proof,  filed  with  the  register  or  receiver,  be  accepted  in  lieu  of  the  evidence 
required. 

92.  Where  an  adverse  claim  has  been  filed,  but  no  suit  commenced  against 
the  applicant  for  patent  within  the  statutory  period,  a  certificate  to  that  effect 
by  the  clerk  of  the  State  court  having  jurisdiction  in  the  case,  and  also  by  tiie 
clerk  of  the  circuit  court  of  the  United  States  for  the  district  in  which  the  claim 
is  situated,  will  be  required. 

93.  A  party  who  is  not  an  applicant  for  patent  under  section  2325,  Revised 
Statutes,  or  the  assignee  of  such  applicant,  is  not  entitled  to  make  entry  under 
said  section,  and  in  no  case  will  the  name  of  such  party  be  inserted  in  the  cer- 
tificate of  entry.  This  regulation  has  no  reference  to  proceedings  under  section 
2326. 

94.  Any  party  applying  to  make  entry  as  trustee  must  disclose  fully  the  nature 
of  the  trust  and  the  name  of  the  cestui  que  trust;  and  such  trustee,  as  well  as 
the  beneficiaries,  must  furnish  satisfactory  proof  of  citizenship  ;  and  the  names 
of  beneficiaries,  as  well  as  that  of  the  trustee,  must  be  inserted  in  the  final  cer- 
tificate of  entry. 

95.  No  entry  will  be  allowed  until  the  register  has  satisfied  himselt,  by  a  care- 
ful examination,  that  proper  proofs  have  been  filed  upon  all  the  points  indicated 
in  official  regulations  in  force,  and  that  they  show  a  sufficient  bona  //de  compli- 
ance with  the  laws  and  such  regulations. 

96.  The  administration  of  the  mining  laws  as  prescribed  by  these  regulations 
will  be,  so  tar  as  applicable,  adopted  for,  and  extended  to  Alaska. 

(1)  The  ex-ojficw  register,  receiver,  and  surveyor-general,  while  acting  as 
such,  and  their  clerks  and  deputy  surveyors,  will  be  deemed  subject  to  the  laws 
and  regulations  governing  the  official  conduct  and  responsibilities  of  similar 
officers  and  persons  under  general  statutes  of  the  United  States. 

(2)  The  Commissioner  of  the  General  Land  Office  will  exercise  the  same  gen- 
eral supervision  over  the  execution  of  the  laws  as  are  or  mav  be  exercised  by 
him  in  other  mineral  districts. 

APPOINTMENT    OF    DEPUTY      SURVEYORS    OF    MINING      CLAIMS CHARGES     FOR     SURVEYS 

AND    PUBLICATIONS FEES    OF    REGISTERS    AND    RECEIVERS,    ETC. 

97.  Section  2334  provides  for  the  appointment  of  surveyors  of  mineral 
claims,  authorizes  the  Commissioners  of  the  General  Land  Office  to  establish 
the  rates  to  be  charged  for  surveys  and  for  newspaper  publications. 


ALASKA.  119 

Under  this  autherity  of  law  the  following  rates  have  been  established  as  the 
maximum  charges  for  newspaper  publications  in  mining  cases: 

(i)  Where  a  daily  newspaper  is  designated,  the  charge  shall  not  exceed  seven 
dollars  for  each  ten  lines  of  space  occupied,  and  where  a  weekly  newspaper  is 
designated  as  the  medium  of  publication  five  dollars  for  the  same  space  will  be 
allowed.  Such  charge  shall  be  accepted  as  full  payment  for  publication  in  each 
issue  of  the  newspaper  for  the  entire  period  required  by  law. 

It  is  expected  that  these  notices  shall  not  be  so  abbreviated  as  to  curtail  the 
description  essential  to  a  perfect  notice,  and  the  said  rates  established  upon  the 
understanding  that  they  are  to  be  in  the  usual  body-type  used  for  advertisements. 

(2)  For  the  publication  of  citations  in  contests  or  hearings  involving  the 
character  of  lands,  the  charges  shall  not  exceed  eight  dollars  for  five  publications 
in  weekly  newspapers,  or  ten  dollars  for  publications  in  daily  newspapers  for 
thirty  days. 

98.  The  surveyors-general  of  the  several  districts  will,  in  pursuance  of  said 
law,  appoint  in  each  land  district  as  many  competent  deputies  for  the  survey  of 
mining  claims  as  may  seek  such  appointment ;  it  being  distinctly  understood  that 
all  expenses  of  these  notices  and  surveys  are  to  be  borne  by  the  mining  claim- 
ants and  not  by  the  United  States;  the  system  of  making  deposits  for  mineral 
surveys,  as  required  by  previous  instructions,  being  hereby  revoked  as  regards 
field  zvork;  the  claimant  having  the  option  of  employing  any  deputy  surveyor 
within  such  district  to  do  his  work  in  the  field. 

99.  With  regard  to  the  platting  of  the  claim  and  other  office  work  in  the 
surveyor-general's  office,  that  officer  will  make  an  estimate  of  the  cost  thereof, 
which  amount  the  claimant  will  deposit  with  any  assistant  United  States  treas- 
urer or  designated  depository  in  favor  of  the  United  States  Treasurer,  to  be 
passed  to  the  credit  of  the  fund  created  by  "individual  depositors  for  surveys 
of  the  public  lands,"  and  file  with  the  surveyor-general  duplicate  certificates  of 
such  deposit  in  the  usual  manner. 

100.  The  surveyors-general  will  endeavor  to  appoint  mineral  deputy  survey- 
ors, so  that  one  or  more  may  be  located  in  each  mining  district  for  the  greater 
convenience  of  miners. 

101.  The  usual  oaths  will  be  required  of  these  deputies  and  their  assistants 
as  to  the  correctness  of  each  survey  executed  by  them. 

The  duty  of  the  deputy  mineral  surveyor  ceases  when  he  has  executed  the 
survey  and  returned  the  field  notes  and  preliminary  plat  thereof  with  his  report 
to  the  surveyor-general.  He  will  not  be  allowed  to  prepare  for  the  mining 
claimant  the  papers  in  support  of  an  application  for  patent,  or  otherwise  perform 
the  duties  of  an  attorney  before  the  land  office  in  connection  with  a  mining  claim. 


120  ALASKA. 

The  surveyors-general  and  local  land  oiiicers  are  expected  to  report  any 
infringement  of  this  regulation  to  this  office. 

102.  The  law  requires  that  each  applicant  shall  file  with  the  register  and 
receiver  a  sworn  statement  of  all  charges  and  fees  paid  by  him  for  publication  of 
notice  and  for  survey,  together  with  all  fees  and  money  paid  the  register  and 
receiver,  which  sworn  statement  is  required  to  be  transmitted  to  this  office  for 
the  information  of  the  Commissioner. 

103.  Should  it  appear  that  excessive  or  exorbitant  charges  have  been  made 
by  any  surveyor  or  any  publisher,  prompt  action  will  be  taken  with  the  view  of 
correcting  the  abuse. 

104.  The  fees  payable  to  the  register  and  receiver  for  filing  and  acting  upon 
applications  for  mineral-land  patents  are  five  dollars  to  each  officer,  to  be  paid 
by  the  applicant  for  patent  at  the  time  of  filing,  and  the  like  sum  of  five  dollars 
is  payable  to  each  officer  bv  an  adverse  claimant  at  the  time  of  filing  his  adverse 
claim.      (Sec.  2238,  R.  S.,  paragraph  9.) 

105.  All  fees  or  charges  under  this  law  may  be  paid  in  United  States  cur- 
rency. 

106.  The  register  and  receiver  will,  at  the  close  of  each  month,  forward  to 
this  office  an  abstract  of  mining  applications  filed,  and  a  register  of  receipts, 
accompanied  with  an  abstract  of  mineral  lands  sold,  and  an  abstract  ot  adverse 
claims  filed. 

107.  The  fees  and  purchase  money  received  by  registers  and  receivers  must 
be  placed  to  the  credit  of  the  United  States  in  the  receiver's  monthly  and  quar- 
terly account,  charging  up  in  the  disbursing  account  the  sums  to  which  the  reg- 
ister and  receiver  may  be  respectively  entitled  as  fees  and  commissions,  with 
limitations  in  regard  to  the  legal  maximum. 

PROCEEDINGS    BEFORE    THE    REGISTER    AND    RECEIVER    AND    SUB  VEYORS-GENERAL    IN 
CONTESTS    AND     HEARINGS    TO    ESTABLISH    THE    CHARACTER    OF    LANDS. 

108.  The  "Rules  of  Practice  in  cases  before  the  United  States  district  land 
offices,  the  General  Land  Office,  and  the  Department  of  the  Interior,"  approved 
August  13,  1885,  will,  as  far  as  applicable,  govern  in  all  cases  and  proceedings 
arising  in  contests,  and  hearings  to  determine  the  mineral  or  nonmineral  character 
of  lands. 

109.  The  only  tracts  of  public  land  that  will  be  withheld  from  entry  as  agri- 
cultural land  on  account  of  its  mineral  character,  will  be  such  as  are  returned 
by  the  surveyor-general  as  mineral;  and  even  the  presumption  which  is  sup- 
ported by  such  return  may  be  overcome  by  testimony  taken  at  a  regular  hearing. 

1 10.  Hearings  to  determine  the  character  of  land,  as  practically  distinguished, 
are  of  two  kinds : 


ALASKA.  121 

(i)  Where  lands  which  are  sought  to  be  entered  and  patented  as  agricultural 
are  alleged  by  affidavit  to  be  mineral,  or  when  sought  as  mineral  their  nonmineral 
character  is  alleged. 

The  proceedings  relative  to  this  class  are  in  the  nature  of  a  contest  between 
two  or  more  known  parties. 

(2)   When  lands  are  returned  as  mineral  by  the  surveyor-general. 

When  such  lands  are  sought  to  be  entered  as  agricultural,  notice  must  be  given 
by  publication  for  thirty  days,  with  posting  in  the  local  office  for  the  same  period. 

111.  At  the  hearings  under  either  of  the  aforesaid  classes,  the  claimants  and 
witnesses  will  be  thoroughly  examined  with  regard  to  the  character  of  the  land; 
whether  the  same  has  been  thoroughly  prospected;  whether  or  not  there  exists 
within  the  tract  or  tracts  claimed  any  lode  or  vein  of  quartz  or  other  rock  in 
place,  bearing  gold,  silver,  cinnabar,  lead,  tin,  or  copper,  or  other  valuable 
deposit  which  has  ever  been  claimed,  located,  recorded,  or  worked;  whether 
such  work  is  entirely  abandoned,  or  whether  occasionally  resumed;  if  such  lode 
does  exist,  by  whom  claimed,  under  what  designation,  and  in  which  subdivision 
of  the  land  it  lies;  whether  any  placer  mine  or  mines  exist  upon  the  land;  if 
so,  what  is  the  character  thereof — whether  of  the  shallow-surface  description, 
or  ot  the  deep  cement,  blue  lead  or  gravel  deposits;  to  what  exent  mining  is 
carried  on  when  water  can  be  obtained,  and  what  the  facilities  are  for  obtaining 
water  for  mining  purposes;  upon  what  particular  ten-acre  subdivisions  mining 
has  been  done,  and  at  what  time  the  land  was  abandoned  for  mining  purposes, 
if  abandoned  at  all. 

112.  The  testimony  should  also  show  the  agricultural  capacities  of  the  land, 
what  kind  of  crops  are  raised  thereon,  and  the  value  thereof;  the  number  of 
acres  actually  cultivated  for  crops  of  cereals  or  vegetables,  and  within  which 
particular  ten-acre  subdivision  such  crops  are  raised ;  also  which  of  these  subdi- 
visions embrace  the  improvements,  giving  in  detail  the  extent  and  value  of  the 
improvements,  such  as  house,  barn,  vineyard,  orchard,  fencing,  etc.,  and  mining 
improvements. 

113.  The  testimony  should  be  as  full  and  complete  as  possible;  and  in  addi- 
tion to  the  leading  points  indicated  above,  where  an  attempt  is  made  to  prove 
the  mineral  character  of  lands  which  have  been  entered  under  the  agricultural 
laws,  it  should  show  at  what  date,  if  at  all,  valuable  deposits  of  mineral  were 
first  known  to  exist  on  the  lands, 

114.  When  the  case  comes  before  this  office,  such  decision  will  be  made  as 
the  law  and  the  facts  mav  justify;  and  in  cases  where  a  survey  is  necessary  to 
set  apart  the  mineral  from  the  agricultural  land,  the  necessary  instructions  will 
be  given  to  enable  the  proper  party  at  his  ozvn  expense,  to  have  the  work  done, 
at  his  option,  either  by  United  States  deputy,  county,  or  other  local  survcyer; 


122  ALASKA. 

the  survey  in  such  case,  where  the  claims  to  be  segregated  are  vein  or  lode  claims, 
must  be  executed  in  such  manner  as  will  conform  to  the  requirements  in  section 
2320,  U.  S.  Revised  Statutes,  as  to  length  and  width  and  parallel  end  lines. 

1  15.  Such  survey  when  executed  must  be  properly  sworn  to  by  the  surveyor, 
either  before  a  notary  public,  officer  of  a  court  of  record,  or  before  the  register 
or  receiver,  the  deponent's  character  and  credibility  to  be  properly  certified  to 
by  the  officer  administering  the  oath. 

1  16.  Upon  the  filing  of  the  plat  and  field  notes  of  such  survey,  duly  sworn  to 
as  aforesaid,  you  will  transmit  the  same  to  the  surveyor-general  for  his  verifica- 
tion and  approval;  who,  if  he  finds  the  work  correctly  performed,  will  properly 
mark  out  the  same  upon  the  original  township  plat  in  his  office,  and  furnish 
authenticated  copies  of  such  plat  and  description  both  to  the  proper  local  land 
office  and  to  this  office,  to  be  affixed  to  the  duplicate  and  triplicate  township 
plats  respectively. 

1  17.  With  the  copy  of  plat  and  description  furnished  the  local  office  and  this 
office,  must  be  a  diagram  tracing,  verified  by  the  surveyor-general,  showing  the 
claim  or  claims  segregated,  and  designating  the  separate  fractional  agricultural 
tracts  in  each  40-acre  legal  subdivision  by  the  proper  lot  number,  beginning  with 
No.  1  in  each  section,  and  giving  the  area  in  each  lot,  the  same  as  provided  in 
paragraph  45,  in  the  survey  of  mining  claims  on  surveyed  lands. 

1 18.  The  fact  that  a  certain  tract  of  land  is  decided  upon  testimony  to  be  min- 
eral in  character  is  by  no  means  equivalent  to  an  award  of  the  land  to  a  miner. 
A  miner  is  compelled  by  law  to  give  sixty  days'  publication  of  notice,  and  post- 
ing of  diagrams  and  notices,  as  a  preliminary  step ;  and  then,  before  he  can 
enter  the  land,  he  must  show  that  the  land  yields  mineral;  that  he  is  entitled  to 
the  possessory  right  thereto  in  virtue  of  compliance  with  local  customs  or  rules 
of  miners,  or  by  virtue  of  the  statute  of  limitations ;  that  he  or  his  grantors 
have  expended,  in  actual  labor  and  improvements,  an  amount  of  not  less  than 
five  hundred  dollars  thereon,  and  that  the  claim  is  one  in  regard  to  which  there 
is  no  controversy  or  opposing  claim.  After  all  these  proofs  are  met,  he  is 
entitled  to  have  a  survey  made  at  his  own  cost  where  a  survey  is  required,  after 
which  he  can  enter  and  pay  for  the  land  embraced  by  his  claim. 

1  19.  Blank  forms  for  proofs  in  mineral  cases  are  not  furnished  by  the  General 
Land  Office. 

Thomas   H.  Carter, 

Commissioner. 

Approved  December  10th,  1891. 

John   W.   Noble, 

Seci'etary. 


ALASKA.  123 

A.  Department   of  the   Interior, 

General   Land   Office, 
Washington,  D.  C,  October  12,  i8q2. 
Registers  and  Receivers,  United  States  Land  Offices  : 

Gentlemen:  Attached  is  a  copy  oi  the  act  of"  Congress  of  August  4,  1892, 
entitled  "An  act  to  authorize  the  entry  of  lands  chiefly  valuable  for  building- 
stone  under  the  placer  mining  laws." 

The  first  section  of  said  act  extends  the  mineral  land  laws  already  existing  so 
as  to  bring  land  chiefly  valuable  for  building-stone  within  the  provisions  of  said 
law  to  the  extent  of  authorizing  a  placer  entry  of  such  land.  The  proviso  to 
said  first  section  excludes  lands  reserved  for  the  benefit  of  the  public  schools  or 
donated  to  any  State  from  entry  under  the  act. 

In  cases  that  may  arise  hereafter  in  reference  to  any  lands  subject  to  entrv 
under  the  mining  laws,  you  will  be  governed  by  said  act  in  admitting  such 
entries.  The  proper  instructions  for  your  guidance  in  so  doing  may  be  found 
in  official  circular  of  December  10,  1891,  entitled  "United  States  Mining  Laws 
and  Regulations  Thereunder,"  to  which  you  are  referred,  and  your  special 
attention  is  called   to  the  law  and  instructions  therein  relating  to  placer  claims. 

It  is  not  the  understanding  of  this  office  that  the  first  section  of  said  act  of 
August  4,  1892,  withdraws  land  chiefly  valuable  for  building-stone  from  entry 
under  any  existing  law  applicable  thereto. 

The  second  section  of  said  act  of  August  4,  1892,  makes  the  timber  and  stone 
act  of  June  3,  1878  (20  Stat.,  89),  applicable  to  all  the  public-land  States.  You 
will  observe  the  same  in  acting  upon  applications  for  entries  in  your  respective 
districts.  For  instructions  you  are  referred  to  the  general  circular  of  February 
6,  1892,  pages  35  to  38  inclusive. 

In  allowing  placer  entries  for  stone  chiefly  valuable  for  building  purposes, 
under  the  first  section  of  the  act  of  August  4,  1892,  you  will  make  a  reference 
to  said  act  on  the  entry  papers  returned. 
Very  respectfully, 

W.   M.    Stone, 
Acti ng  Com ni i ssio n er. 

Approved  October  12,  1892: 

Geo.    Chandler, 

Acting  Secretary. 


124  ALASKA. 

AN  ACT   to  authorize  the  entr\'  of  lands  chiefly  valualilc  for  building  stone  under  the  placer 

mining  laws. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United  States 
of  America  in  Congress  assembled,  That  any  person  authorized  to  enter  lands 
under  the  mining  laws  of  the  United  States  may  enter  lands  that  are  chiefly 
valuable  for  building  stone  under  the  provisions  of  the  law  in  relation  to  placer 
mineral  claims:  Provided,  That  lands  reserved  for  the  benefit  of- the  public 
schools  or  donated  to  any  State  shall  not  be  subject  to  entry  under  this  act. 

Sec.  2.  That  an  act  entitled  "An  act  for  the  sale  of  timber  lands  in  the  States 
of  California,  Oregon,  Nevada,  and  Washington  Territory,"  approved  June 
third,  eighteen  hundred  and  seventy-eight,  be,  and  the  same  is  hereby,  amended 
by  striking  out  the  words  "  States  of  California,  Oregon,  Nevada,  and  Wash- 
ington Territory  "  where  the  same  occur  in  the  second  and  third  lines  of  said  act, 
and  insert  in  lieu  thereof  the  words,  "  public-land  States,"  the  purpose  of  this 
act  being  to  make  said  act  of  June  third,  eighteen  hundred  and  seventy-eight, 
applicable  to  all  the  public-land  States. 

Sec.  3.  That  nothing  in  this  act  shall  be  construed  to  repeal  section  twenty- 
four  of  the  act  entitled  "An  act  to  repeal  timber-culture  laws,  and  for  other 
purposes,"  approved  March  third,  eighteen  hundred  and  ninety-one. 

Approved,  August  4,  1892. 


A.  Department  of  the  Interior, 

General  Land   Office, 
Washington,  D.  C,  October  24,  i8g2. 
Registers  and  Receivers,  United  States  Land  Offices : 

Gentlemen  :  In  addition  to  instructions  contained  in  general  circular  of  Feb- 
ruary 6,  1892,  pages  35  to  38,  inclusive,  and  pages  147  and  148,  in  relation  to 
the  timber  and  stone  act  of  June  3,  1878,  extended  by  the  act  of  August  4,  1892, 
referred  to  in  circular  A  of  October  12,  1892,  you  are  advised  as  follows: 

1.  That  entries  made  under  section  one  of  said  act  are  required  to  be  kept 
and  reported  in  consecutive  and  numerical  order  in  your  mineral  land  series. 

2.  That  entries  made  under  section  two  of  said  act  are  required  to  be  kept 
and  reported  in  consecutive  numerical  order  in  your  regular  agricultural  cash 
series. 

Necessary  additional  blank  forms  for  entries  under  said  act  are  as  follows: 
Form  Nos.  4-357;  4-363J  4-370i  4-37';  4-537;  4-65^^- 
Very  respectfully, 

W.   M.   Stone, 

Acting  Commissioner. 


X. 

Commerce    Transportation  Facilities — Proposed 

Railroad. 

It  is  difficult  to  obtain  statistics  in  regard  to  the  trade  of  Alaska, 
since  the  transportation  of  imports  and  exports  is  accompHshed  less 
by  the  regular  lines  than  through  special  conveyances.  The  large 
companies  engaged  in  business  in  the  Territory  usually  employ 
their  own  ships.  There  were  some  87  trading  houses  reported  in 
Alaska  in  1891,  located  in  not  less  than  60  towns  and  villages, 
and  scattered  from  Point  Barrow  to  the  southern  extremity,  and 
from  Loring  to  Attu.  The  number  of  stores  for  the  sale  of  general 
merchandise  in  southeastern  Alaska  in  1892  was  47.  The  imports 
consist  of  merchandise,  machinery,  powder,  clothing,  provisions, 
tools,  furniture,  etc.  The  exports  are  made  up  of  fish,  furs, 
whalebone,  ivory,  oils,  gold  and  silver  bullion  and  ores.  The 
total  imports  in  1892,  according  to  the  report  of  Governor  Knapp, 
of  Alaska,  amounted  to  the  value  of  $2,164,238.  The  exports 
are  classified  as  follows: 

Exports. 

Furs,  curios,  etc.,  from  13  stations,  southeast  Alaska $351,  000 

1,220,000  codfish  (7,500  tons) 375,  000 

789,294  cases  of  salmon 3,  157,  176 

9,000  barrels  of  salted  salmon 8r,  000 

186,250  pounds  whalebone i,  210,  625 

1,000  pounds  ivory 5,  000 

12,228  barrels  whale  oil 103,  668 

Product  of  the  Killisnoo  manufactory,  oil  and  guano 114,  000 

125 


1  26  ALASKA. 

Gold  bullion,  Alaska  Treadwell  Gold  Mining  Compan}- $707,  017 

Gold  and  silver  ore  and  bullion  by  other  companies 400,  000 

13,500  seal  skins  taken  under  the  lease;  52,087  seal  skins  taken  by  sealing 

fleet ;  10,000  seal  skins  taken  by  natives  and  others 755,  5S7 

Furs  shipped  b}'  Alaska  Commercial  Company 348,  991 

Furs  shipped  by  other  parties,  western  Alaska go,  000 

Other  products  not  enumerated 60,  000 

Total 7,  759,  064 

Balance  of  exports  above  imports,  $5,594,886. 

Among  the  furs  may  be  mentioned  those  of  the  sea  otter,  the 
seal,  the  beaver,  the  silver  and  blue  fox,  the  mink,  and  the  marten. 

Mr.  PetrofF  ( Alaska,  Its  Population,  Industries,  and  Resources, 
1884)  says: 

In  the  regions  inhabited  by  the  sea-otter  hunters  and  on  the  Pribilof  Islands, 
a  barrel  ot  flour  per  annum  is  consumed  for  each  man,  woman,  and  child  more 
than  the  average  in  civilized  communities.  Traders  report  that  the  demand  for 
flour  and  hard  bread  increases  annually,  even  among  the  tribes  of  the  interior. 
The  demand  for  tea,  also,  is  steadily  gaining,  and  the  consumption  of  sugar  is 
universal  wherever  it  can  be  carried  by  the  traders,  but  is  especially  large  in 
those  sections  of  Alaska  (especially  in  the  southeast)  where  the  Creoles  and 
natives  understand  the  manufacture  of  alcohol  from  sugar  and  molasses.  Includ- 
ing the  southeastern  division,  which  is  supplied  chiefly  from  Portland,  Oreg., 
and  British  Columbia,  the  annual  shipment  of  flour  may  be  estimated  at  not  less 
than  10,000  barrels,  or  a  barrel  for  every  three  individuals  of  its  population. 
If  to  this  are  added  5,000  or  6,000  cases  of  hard  bread,  1,200  chests  of  tea, 
and  2,500  barrels  of  sugar,  it  is  seen  that  the  trade  with  Alaska  in  these  staples 
alone  is  assuming  considerable  proportions.  The  shipments  of  tobacco  aggre- 
gated from  15,000  to  20,000  pounds.  Of  the  value  of  the  dry  goods  it  is 
impossible  to  make  an  estimate,  but  it  is  safe  to  assume  that  it  does  not  equal 
that  of  groceries  or  provisions. 

MAIL  AND  TRANSPORTATION   FACILITIES. 

Governor  Knapp,  in  his  report  for  1892,  says:  "The  mail  con- 
tract with  the  Pacific  Coast  Steamship  Company  requires  stoppage 
for  receipt  and  delivery  of  mail  by  their  regular  passenger  and 
freight  steamers,  two  each  month,  at  seven  ports,  viz:  Kichkan,  in 
Tongass  Narrows,  Loring,  Wrangel,  Douglas,  Juneau,  Killisnoo, 


ALASKA.  1  27 

and  Sitka.  For  this  service,  they  are  paid  the  sum  of  $18,000 
per  year.  When  other  trips  are  made  and  other  phices  are  visited 
by  the  steamers  of  the  company,  mails  are  also  carried  and  deliv- 
ered on  those  trips  and  at  those  other  places.  By  this  more  uncer- 
tain service,  several  mails  have  been  delivered  at  Metlakahtla,  Mary 
Island,  Chilkat,  and  Hoonah,  and  the  mail  has  been  carried  v^^eekly 
instead  of  semi-monthly  to  the  first-named  places  during  the  months 
of  June,  July,  and  August.  Another  mail  contract  insures  monthly 
mails  served  from  Wrangel  to  Klawak  and  Howkan  (or  Jackson, 
which  is  the  post-office  name).  A  small  steamer  or  steam  launch 
plies  between  Wrangel  and  Howkan.  Between  Sitka  and  Una- 
laska,  a  distance  of  about  1,3^0  miles,  a  small  steamer  has  made 
seven  regular  monthly  trips,  stopping  at  six  places,  from  April  to 
October.'' 

In  Special  Consular  Reports,  Highways  of  Commerce,  1895, 
page  29,  it  is  stated  that  the  tare  from  San  Francisco  to  Wrangel, 
by  the  Pacific  Coast  Steamship  Company,  is  $50;  to  Juneau  or 
Sitka,  $70.  There  is  also  steamship  service  from  vSt.  Michael's, 
via  Unalaska  to  Seattle  and  San  Francisco. 

The  report  of  the  Second  Assistant  Postmaster-General  of  the 
United  States  for  1896  says  that  a  post-office  was  authorized  at 
Circle  City  March  19,  1896.  The  carrier  for  the  first  trip  started 
from  Juneau  June  11  and  reached  Circle  City  July  14,  carrying 
1,474  letters.  He  returned  by  way  of  St.  Michael,  reaching 
Seattle  August  19.  On  the  second  trip,  the  carrier  left  Juneau 
July  8,  reaching  Circle  City  August  6.  Another  trip  was  to  be 
made  in  September,  and  four  between  November  and  May,  1897. 

PROPOSED  RAILROAD. 

In  1886,  in  reply  to  an  inquiry  on  the  part  of  the  United  States 
Senate,  the  Director  of  the  United  vStates  Geological  Survey, 
Mr.  J.  W.  Powell,  presented  a  report  on  the  feasibility  of  con- 
structing a  railroad  between  the   United  States,  Asiatic  Russia, 


1  28  ALASKA. 

and  Japan.  Mr.  Powell  said  that  troni  all  available  information, 
the  proposed  line  appeared  to  present  no  greater  obstacles  than 
those  already  overcome  in  transcontinental  railroad  building.  It 
was  suggested  that  the  line  start  from  some  point  on  the  Northern 
Pacific  Railroad  in  Montana,  and  run,  via  the  head  waters  of  the 
Peace  River,  to  the  head  waters  of  the  Yukon;  and  thence  to 
some  point  on  the  shore  of  Bering  Sea,  the  total  distance  covered 
being  about  2,765  miles.  A  branch  line  of  375  miles  from  the 
head  waters  of  the  Peace  River  might  run  to  the  mouth  of  the 
Stikine  River,  so  as  to  facilitate  communication  with  Sitka. 


XL 

Territorial  Government. 

In  1884,  a  district  government  was  created  by  Congress  tor 
Alaska,  with  a  governor  and  a  district  court,  which  sits  alternately 
at  Sitka  and  Wrangel.  The  laws  are  those  of  Oregon.  '  There 
is  a  land  office  at  Sitka.  Commissioner  Hermann,  ot  the  United 
States  General  Land  Office,  on  July  31,  1897,  stated  that  the 
mineral-land  laws  of  the  United  States,  the  town-site  laws  (pro- 
viding tor  the  incorporation  ot  town  sites  and  acquirement  ot  title 
thereto  from  the  Government  to  the  trustee ),  and  the  law  providing 
for  trade  and  manufactures,  giving  each  qualified  person  160  acres 
of  land  in  a  square  and  compact  form,  are  applicable  in  /\laska. 
The  coal-land  regulations  and  the  public-land  laws  do  not  extend 
to  Alaska,  as  the  Territory  is  expressly  excluded  by  the  laws 
themselves  from  their  operation. 

The  following  is  a  list  ot  United  States  officers  in  Alaska,  fur- 
nished by  the  Department  of  the  Interior,  August  7,  1897: 

John  G.  Brady,  governor,  Sitka. 

Albert  D.  Elliot,  clerk  of  the  court,  and  ex  officio  secretary  of 
Alaska,  Sitka. 

William  L.  Distin,  surveyor-general,  Sitka. 

John  W.  Dudley,  register  of  the  land  office,  Sitka. 

Ruswell  Shelly,  receiver  of  public  moneys,  Sitka. 

Caldwell  W.  Tuttle,  commissioner  at  Sitka. 

Kenneth  M.  Jackson,  commissioner  at  Wrangel. 

Lycurgus  R.  Woodward,  commissioner  at  Unalaska. 

John  Y.  Ostrander,  commissioner  at  Juneau  City. 

:So.  80 9  129 


130 


ALASKA. 


Philip  Gallaher,  commissioner  at  Kadiak. 

John  E.  Crane,  commissioner  at  Circle  City. 

L.  B.  Shepard,  commissioner  at  St.  Michaels. 

John  U.  Smith,  commissioner  at  Dyea. 

Charles  H.  I  sham,  commissioner  at  Unga. 

The  following  is  a  list  of  the  judicial  officers  of  the  United 
States  in  Alaska,  furnished  by  the  Department  of  Justice,  August 
7'  ^897: 

Charles  S.  Johnson,  district  judge,  Sitka. 

Burton  E.  Bennett,  United  States  attorney,  Sitka. 

Alfred  J.  Daly,  assistant  United  States  attorney,  Sitka. 

James  M.  Shoup,  United  States  marshal,  Sitka. 


I 


INDEX. 


Page. 

Agricultural  conditions 39 

resources 38 

Aleutian  division 16 

Aleutian  Islands 32 

climate 26 

Aleut  Indians 14 

Arctic  division 16 

Area 7 

Athabascan  Indians 12 

Balsam  fir 37 

Black  bass 74 

Boundaries  of  Alaska 7 

Boundar}'  dispute  with  Great  Brit- 
ain    g 

British     vessels    seized     in    Bering 

Sea 56,  67,  69 

Canadian  boundary  treaty 10 

Cattle 40 

Chilkat  Pass 81 

Chilkoot  Pass 80 

Circle  City 34 

Civil  officers  of  Alaska 129 

Claims  for  British  vessels  seized  .  .  69 

Climate  of  Alaska 25 

Codfish 73 

Copper 75 

Copper  River i8 

Corporations  owning  mining  claims  87 

Cost  of  transportation 127 

Dogs 42 

Douglas  Cit}',  location,  etc 31 

Eskimos 12 

Exports,  value  of,  1892 125 

Fisheries,  value  of,  1893 74 

Forests  of  Alaska 35 

Fort  Yukon 22 

Furs 126 


Fur-seal  arbitration: 

Arbitrators 58 

Award 58 

Findings  of  fact 64 

Place  of  meeting 54 

Points  considered 55 

Regulations 62 

Treaty 52 

Fur-seal  fisheries: 

Controvers)'    43 

Negotiations  since  1893 68 

Fur-seal  islands,  leasing  of 48 

Fur  seals;  number  taken  by  United 

States 47 

General  merchandise  stores 125 

Geographical  situation 7 

Geography  and  topography 15 

Gold 15,  75,76,  77 

Halibut 74 

Hemlock 37 

Herring 73 

Horses 41 

Hyda  Indians 14 

Indian  tribes 12 

Intoxicating  liquors 13,  65 

Iron 75 

Judicial  officers  of  Alaska 130 

luneau,  location,  etc 30 

Kadiak  division 15 

Kenai  peninsula 31 

Klondike  region  : 

Claims  located 76 

Climate ...  26 

Description  of  route  to 80 

Expenses  of  trip  to 79 

Gold  discover)'. 76 

Routes  to 79 

131 


'3^ 


INDEX. 


Kuskokwim  division 

Land  district,  to  create 

Laws  applicable  to  Alaska 

Lead 

Lode  claims,  status  prior  to  1872 

Mail  and  transportation  facilities 

contracts 


Page. 
16 

95 
129 

75 

98 

126 

127 


Maps  of  Alaska frontispiece 

113 


98 

75 
83 


Mill  sites,  law  relating  to 

Mineral  lands  and  mining  : 

Act  of  1866 

Act  of  1874 

Act  of  1878    

Act  of  1884 

Mineral  lands  open  to  exploration, 

etc 

resources 

Miners — proof  of  citizenship 

Mining  claims: 

Adverse  claims  ...    85,  94,  95,  116,  117 

Affidavits  required     88 

Appointment  of  deputy  surve}'- 

ors 118 

Blank  forms 122 

Building-stone  claims 123,  124 

Charges  for  survey,  etc 119 

Extent  of 83,  96,  117 

Fees  of  receivers 

How  patented 

Legal  subdivisions 

Location  of 

Non-resident  claims 


120 

85 

87 

84 

94 

Placer  claims 86,  87,  109 

Possessory  rights 114 

Proof  of  citizenship 115 

Priorit}'  of  possession 89 

Proceedings  before  receivers. .        120 

Regulations 83 

Right  of  possession 83 

Survej'  of 88 

Tunnel  rights 83,  92, 103 

Vein  or  lode  claims 85, 

86,  8g,  99   100,  104 

Mining  in  winter 78 

laws 82 

repeal  provisions  ....  gi 


Mission  stations 

Mosquitoes 

Nulato 

Pelagic  sealing 

Point  Barrow,  climate 

Poplar 

Population  of  Alaska 

Port  Clarance 

Potato  crop 

Pribilof  Islands,  discovery  of 

Prince  of  Wales  Island 

Purchase  price 

Railroad  proposed 

Rainfall 

Reindeer 

Religion   

River  system 

Salmon  fisheries 

Act  for  protection  of 

Canned  product,  1883-1890  . .  . 

Sawmills 

Scrub  pine 

Seal    life   in    Bering    Sea,    commis- 
sioners to  investigate 

Silver 

Sitka: 

Location,  etc 

Spruce  

Southeastern  division 

Spruce  

St.  Michaels: 

Climate 

Location 

St.  Paul,  location,  etc 

Stikine  River 

Sushitna  River 

Tanana  River 

Teller  reindeer  station 

Territorial  government 

Thlinket  Indians 

Timber,  varieties  of 

Towns  and  trading  posts 

Trading  houses 

Treadwell  Mining  Company 

Tsimpsean  Indians 

Vegetables 


Page. 
13 

28 
23 

49 
26 

36 
10 

33 
38 
44 

8 

9 
127 
26 
41 
13 
17 
20,  69 
70 
69 
37 
37 

56 

75 

30 
36 
15 

35 

27 
33 
32 

18 

19 
23 
42 

129 
14 
35 
30 

125 
75 
14 
38 


INDEX. 


133 


Wages  paid 

Western  limits 

Whales,  result  of  catch  1874-1891  . 

White  birch 

White  Pass 

White  River 

Wrangel,  location 

Yellow  cedar 

Yukon  district : 

Climate 


78 
8 
72 
35 
79 
21 
30 
36 

26 


Page. 
Yukon  district — Continued". 

Description 16,  3g 

Gold  discoveries 76,  77 

Gold  production,  1890-1896...  76 

Mining  population 76 

Prospecting 78 

Rainfall 26 

Routes  to 79,  80 

Yukon  River 18,  20 

Yukutat,  location 31 


o 


THE  . 


Commercial  Directory 

. — 9^^^  American  Republics 


This  Bureau  will  soon  publish  a  comprehensive 
and  reliable  Commercial  Directory  of  the  American 
Republics.  The  volume  will  be  the  most  complete 
and  accurate  ever  issued  in  any  of  the  countries  that 
will  be  represented  in  it,  namely,  Argentine  Republic, 
Bolivia,  Brazil,  Chile,  Colombia,  Costa  Rica,  Ecuador, 
Guatemala,  Haiti,  Honduras,  Mexico,  Nicaragua,  Para- 
guay, Peru,  Salvador,  Santo  Domingo,  United  States 
(including  Alaska  and  Hawaii),  Uruguay,  Venezuela, 
and  the  West  Indies.  The  expense  of  such  a  publica- 
tion is  so  great  that  a  charge  of  five  dollars  will  be  made 
for  a  copy  of  the  Directory,  which  will  comprise  two 
splendid  octavo  volumes  of  more  than  800  pages  each. 
The  Directory  will  contain  upwards  of  60,000  names, 
and  include  the  addresses  and  lines  of  business  of 
nearly  all  the  commercial  concerns  of  Latin  America. 
The  first  volume  will  be  ready  for  distribution  on  or 
about  October  ist,  the  magnitude  and  increasing 
interest  in  the  work  requiring  its  publication  in  two 
volumes,  and  the  second  on  or  before  December  i,  1897. 
Manuficturers,  bankers,  shippers,  merchants,  and  edu- 
cators, lecturers,  editors,  and  other  professional  men, 
for  whom  the  work  must  possess  peculiar  interest,  and 
all  others  desiring  to  subscribe  for  the  Commercial 
Directory,  will  be  furnished  with  the  proper  blanks  by 
addressing  the 

Director  of  the  Bureau  of  American  Republics, 

.  WASHIIvtflTON,  D.  C. 


UNIVERSITY  OF  CALIFORNIA,  LOS  ANGELES 

THE  UNIVERSITY  LIBRARY 

This  book  is  DUE  on  the  last  daie  stamped  below 


I 


DFH  p  7  m' 


flWRL     FEB  13  1968 


,  ^  ,^  m  1  3 19^8 

MAY  10  1948 

NOV 5   Sii     prsCHARGEURL 

^mM  1381 

■JAN  19 1354 

APR  2^  1956 


Form  L-O 
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1931] 


•  z-u.'i-w;  r„i, ii'<i:-> 
LIBRARY 


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